Attorney Misconduct in Jamaican Property Transactions: When Your Conveyancer Becomes Your Biggest Risk

• Attorneys misappropriate client deposits held in trust accounts intended for completion payments
• Some conveyancers facilitate fraud by certifying instruments they have not independently verified
• Conflict of interest arises when the same attorney acts for buyer and seller in the same transaction
• GLC’s Compensation Fund provides limited recourse for clients who suffer loss from attorney dishonesty
• Complaints to the GLC can result in suspension, striking off, and criminal referral for dishonest attorneys

Every residential and commercial property transaction in Jamaica is required by law to be handled by an attorney-at-law, who bears statutory and professional responsibility for the integrity of the conveyancing process. Attorneys are required to maintain segregated client trust accounts, to conduct proper title investigations before certifying instruments, to avoid conflicts of interest, and to act at all times in their clients’ best interests. The General Legal Council, established under the Legal Profession Act, sets and enforces the professional standards that govern attorneys’ conduct. Despite this framework, attorney misconduct in property transactions has been a persistent and serious problem in Jamaica. The most common form is the misappropriation of client money: deposits, completion funds, and mortgage proceeds paid into an attorney’s trust account that are then applied to the attorney’s own purposes rather than to the transaction for which they were held.

How Attorneys Facilitate Fraud and Professional Accountability

Beyond direct misappropriation, some attorneys have been found to have facilitated third-party fraud by certifying instruments without conducting the verification steps their professional obligations require — certifying a transfer instrument without confirming the identity of the person purporting to be the registered proprietor, or certifying a mortgage document without verifying that the mortgagor actually owned the property being charged. In some cases the attorney’s facilitation has been knowing and deliberate, representing a criminal conspiracy with the fraudster. In others it has been negligent, arising from a failure to follow proper professional procedure. Both categories of misconduct can result in disciplinary proceedings before the GLC, which has power to suspend or strike off an attorney, order restitution, and make criminal referrals to the Director of Public Prosecutions where the evidence supports it. The GLC also administers a Compensation Fund from which clients who have suffered loss as a result of an attorney’s dishonesty can claim, subject to the Fund’s financial limits.

Protecting Yourself in Attorney-Handled Transactions

Clients engaging attorneys for property transactions should confirm that the attorney holds a current practising certificate, which can be verified with the GLC at generallegalcouncil.org, and should ask whether the attorney carries professional indemnity insurance, which provides an additional source of compensation in the event of negligence. Large sums should be paid into a trust account by traceable means — bank transfer or manager’s cheque — with written confirmation of the trust account details before any payment is made. Clients are entitled to receive a full written account of all funds received and disbursed by their attorney. Where an attorney resists providing this information, or where a transaction is significantly delayed without clear explanation, clients should seek an independent second legal opinion without delay. Complaints about attorney misconduct can be filed with the GLC, which investigates all complaints and maintains a record of disciplinary decisions that the public can access.

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