THE COURT of Appeal has reserved judgment in the appeal brought by attorney-at-law Barrington Frankson against his disbarment in May 1999 for professional misconduct.
He was disbarred by the Disciplinary Committee of the General Legal Council because of professional misconduct involving an $8-million transaction on behalf of a client. The Committee had ordered Frankson to make full restitution.
Frankson's lawyers Earl Witter and Maurice Frankson asked the court to set aside the Disciplinary Committee's ruling because the Committee erred in its findings and conclusion.
Frankson had represented Monica Whitter in the division of the matrimonial home "Cromarty" in Montego Bay between herself and Joe Whitter, a Montego Bay real estate developer. It was contended that Mr. Whitter's lawyer sent a cheque for $8 million to Frankson, but despite repeated requests by Mrs. Whitter for the money or a portion of it, no money was paid to her.
The matter was reported to the General Legal Council in January 1997. The Disciplinary Committee of the Council tried the matter and on May 1, 1999, handed down its decision that Frankson be struck off the roll of attorneys-at-law eligible to practise in Jamaica.
After he was disbarred, he applied to the Court of Appeal to allow him to practise until his appeal was decided but the court turned down his application.
The Court of Appeal, comprising Mr. Justice Henderson Downer, Justice Ransford Langrin and Justice Seymour Panton, heard the appeal and said yesterday that it will hand down its decision at a later date.
