Attorney Don Foote loses appeal against disbarment

The Court of Appeal has upheld a decision of the General Legal Council (GLC) that attorney-at-law Don O Foote be struck from the list of lawyers authorised to practise in Jamaica.

In December 2019, the GLC found Foote guilty of professional misconduct and ordered that he be disbarred.

Foote disagreed and took the matter to the Appeal Court on several grounds contending that the GLC acted with irregularity in the conduct of the proceedings before ordering his disbarment.

The attorney said he will immediately take the matter to the United Kingdom-based Privy Council, Jamaica's final appellate court.

"There is a concerted effort to take away my license," Foote said.

He also said he cannot get a fair hearing in Jamaica because of his views and the position he take.

"We have a poor sense of justice in Jamaica," he said.

The disbarment arose from a complaint by a client that Foote under-reported by $7 million, the amount she was awarded following a lawsuit filed in the Supreme Court against a dentist.

The client had testified before the three-member disciplinary panel of the GLC that Foote informed her that the award was $16 million.

She said Foote deducted his fees from that amount.

However, the woman said that a friend encouraged her to make checks and she then discovered that the amount was $23 million.

She said following the discovery, she was paid the balance minus $2.3 million in legal fees.

Foote had denied under reporting the settlement to the client.

He maintained that she executed a document before a Justice of the Peace for the release and discharge of the money indicating that she knew about the $23 million settlement by an insurance company.  

Foote said the discrepancy was the $7 million which was deducted as legal costs and expenses which the client agreed to. 

He said the settlement was in relation to a tooth extraction and he had to send  her several times abroad for treatment at his own expense.

He said he had to pay her hotels fees and medical bills in the USA.

- Barbara Gayle

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