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byMarco Lopez
Belize City, Monday, July 15, 2024
The General Legal Council (GLC) has made a decision on the specific sanctions to be imposed on attorney Orson Elrington for legal misconduct; the Council found his conduct to be “inappropriate and unacceptable.” Despite the harsh wording, Elrington’s sanction may be considered a minor punishment given the GLC’s broad powers. He was ordered to pay a $15,000.00 fine for not obtaining approval from his client before entering into a consent agreement with the Social Security Board (SSB).
The client, Reverend Dozie Ifeanyichineke, filed a lawsuit against Elrington under the Bar Profession Act after he had previously been a client of Junior Counsel, who he had hired to file a constitutional lawsuit challenging a provision in the SSB Act.
According to the GLC’s written decision, the complainant, Reverend Dozie, based his claim on the argument that the provisions of the SSB Act relating to the recovery of pensions were discriminatory. Elrington filed a constitutional claim but settlement talks began shortly afterwards between the statutory body’s lawyers and Elrington.
On September 29, 2023, the consent order was filed. However, the terms of the order were never approved by the client, Pastor Dozie, who complained that Elrington signed the order without his knowledge.
The District Court found that Elrington failed to obtain his client’s approval of the terms of the consent order and therefore failed to do his duty. The decision was first made on April 19, 2024. The District Court found that Elrington violated Rules 4.14 and 22 of the Rules of Professional Conduct for Attorneys. His conduct amounted to serious professional misconduct.
Although the committee has the power under section 16(2) of the Solicitors Act to remove or suspend a solicitor from practice, to censure, to make an order for compensation, to order the payment of costs or to make any other order, Ellington was fined $15,000 ($5,000 of which went to Reverend Dozzi) which must be paid by August 3.
Ellington did not dispute the board’s findings. In his mitigation statement, he said he has lost a lot of clients since the ruling. He said the decision was an error of judgment. He asked the board for leniency, citing his willingness to take on pro bono work, his willingness to repay clients, and the fact that he has only been practicing law for seven years.
He pointed out that he could not repay Pastor Dozier because Pastor Dozier did not provide a bank account number. He was also ordered to repay the $46,588 owed to Pastor Dozier by July 19.
According to the GLC, the decision not to suspend Elrington from the bar, but to impose a fine, was made because he accepted their decision, was willing to repay clients and was willing to undertake pro bono work, and felt that this “reflected the seriousness of the offence”.
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