Lawyer loses professional misconduct appeal

A lawyer who challenged a decision of the Disciplinary Committee of the Law Association which found he committed acts of professional misconduct has lost his appeal.

In a recent decision, Justices of Appeal Nolan Bereaux, Judith Jones and Peter Rajkumar said Shaheed Hosein’s appeal could not succeed, and affirmed the committee decision that a case was made out justifying a punishment more severe than the payment of a fine or compensation.

The committee said the punishment of suspension from practice or removal from the roll was warranted.

A copy of the proceedings before the committee was sent to the Chief Justice and the Attorney General for action to be taken in accordance with the Legal Profession Act.

In its findings, the committee also held that the lawyer had derogated from the standards of conduct expected of an attorney and breached the rules of the legal profession.

The committee had before it a complaint by Uthra Ramnarine-Hill, an employee of an insurance company with whom Hosein had entered into negotiations on behalf of a client seeking to settle a motor vehicle claim.

The insurance company had agreed to pay the lawyer’s client $535,000 in compensation and $15,000 in legal costs.

It was alleged before the committee that the lawyer “deliberately and with intent to deceive” presented his client with two letters outlining a lower sum of $90,625, less than what the insurance company was prepared to pay.

Hosein denied making or giving his client the disputed letters, but alleged it was a scheme concocted by her and her sister to avoid paying a third-party and for her to get her hands on the money.

In their decision, the appellate court judges said the issue before the committee was one of credibility, and was entitled to find on the evidence that the letters were forged documents produced by the lawyer with the intent to deceive his client.

Hosein represented himself at the appeal and Simon de la Bastide represented Ramnarine-Hill.

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