Judge orders lawyer jailed

A lawyer who withheld more $100,000 in compensation from a client whose son died in a car crash has been jailed for 60 days for twice failing to repay the money.

Justice Frank Seepersad made the order on Tuesday committing Kathy-Ann Mottley to prison for 60 days.

The order allows High Court marshals to deliver her to the Women’s Prison in Arouca, where she will be kept for six days from her arrest or until she pays $107,000, the judgment sum, and costs she was ordered to repay in February and June.

In March, she asked for an extension and was given a reprieve until June 1 to repay the money to her former client Wendy Phillip. She did not.

Phillip’s application was made under the Debtors Act, which gives the court the jurisdiction to jail a debtor.

In issuing the order for her immediate arrest, the judge said, “A no-tolerance approach to unlawful activity must be adopted.

“Persons especially those who hold positions of trust and authority must be held accountable.”

He said Mottley’s conduct was unlawful and unethical.

“She abused a position of trust and this court will not tolerate illegal or corrupt activity, in any manifestation, and it matters not who the offender is, or the position which he or she holds," Seepersad added.

Phillip hired Mottley to represent her in a lawsuit involving her son, who died in an accident. A default judgment was entered in Phillip’s favour as administrator of her son Kareem Richards’ estate and she was awarded damages, including costs and interest.

After the case ended, Phillip filed a complaint against Mottley with the disciplinary committee of the Law Association, which found her guilty of professional misconduct on May 4, 2017. Mottley was ordered to reimburse Phillip $113,000, and was fined $10,000.

Mottley appealed the committee’s decision, but later withdrew the appeal and agreed to pay her former client. She was also ordered to pay an additional $4,000 in costs for withdrawing the appeal, and interest, which was calculated at $7,298 for two years and seven months the money was owed.

On May 3, 2019, Mottley paid Phillip $10,000 by cheque and told her she was “selling a property” to get the full amount, but it was taking longer than expected.

Mottley said she would continue to make payments until the sum was paid in full, but did not.

Phillip’s new attorney Brent Winter, after a series of letters to Mottley and her attorneys, filed the application to have her pay up the remaining debt by November 4, 2019.

Phillip, a retiree, said Mottley has shown no interest in paying the money, and she needed the money to meet various expenses.

Winter filed an application in July asking for the committal order that had been suspended to be enforced now because of the lawyer's failure to pay, despite given numerous opportunities to do so.

The judge said it was untenable that an attorney behaved in such a manner and deprived a litigant of such a substantial sum. He said court orders must be complied with, as they were mandatory.

The judge also said it was unacceptable that Phillip had to wait four years and was still left without the benefit of her judgment award.