Another attorney taken to court for owing client
Another attorney has been taken to court by a former client for allegedly unjustly enriching himself with his client’s money.
In the latest action, in which a default judgment has been applied for, since the attorney has filed no defence, a New York-based widow is seeking repayment of $140,000 from the Port of Spain-based attorney.
Earlier this week, a similar action was filed by a Cunupia woman against a female attorney who has offices in uptown Port of Spain, and last week a High Court judge ordered the arrest and imprisonment of another female attorney for a year if she fails to pay more than $200,000.
In the latest claim, the widow said the attorney, who was also a family friend, agreed to negotiate the sale of a property her husband owned at St John Street, East Dry River.
The claim, filed by attorney Brent Winter, said the lawyer agreed to deposit the proceeds of the sale into the widow’s bank account.
The property was sold in June 2019, and the lawyer received $140,000, but did not make the deposit.
The claim said despite multiple promises, the lawyer, without lawful excuse, failed to deposit the money and has wrongly retained it for his own use and benefit.
The widow said when the sale transaction was completed and the money was paid, she demanded payment in July 2019, and sent her TT account number to the attorney.
She was told he would make the deposit soon but he never did. Again, in October, she sent him another message and he phoned her asking for further time.
In November and December, she repeatedly messaged but received no responses and the claim said, “He failed to deposit any monies to her account as promised. The situation persisted for several months and on May 16, 2020, the claimant sent the defendant another text message in which she quoted religious material urging the defendant to repent his sin.”
In May, he responded, asked for forgiveness and said he deeply regretted his “misstep,” and expected to be able to pay before the end of August.
In September, a pre-action protocol letter was sent and the claim said the attorney, in a WhatsApp response, said he expected the matter to be settled before year’s end.
The widow’s claim said she has viewed this response as “insincere” because of his “numerous broken promises in the past,” and has had to wait more than 16 months for money rightfully owed to her.
In addition to the $140,000, she is also seeking interest, damages, exemplary damages and costs.
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"Another attorney taken to court for owing client"