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OJ fined 15K

HeadlineOJ fined 15K

by Marco Lopez

BELIZE CITY, Mon. July 15, 2024

The General Legal Council (GLC) handed down its decision on the specific sanctions to be imposed against attorney Orson Elrington for legal misconduct; the panel found his actions to be “improper and unacceptable.” Despite this strong language, Elrington’s sanction may be seen as a slap on the wrist, considering the GLC’s wide-reaching authority. He has been ordered to pay a fine of $15,000.00 for failing to get a client’s approval before entering into a Consent Agreement with the Social Security Board (SSB).

That client, Pastor Dozie Ifeanyichineke, filed this complaint against Elrington under the Legal Profession Act. Prior to that, he had been a client of the junior attorney, whom he had retained to file a constitutional claim challenging a provision in the SSB Act.

According to the written GLC decision, the complainant, Pastor Dozie, was basing his claim on the argument that provisions in the SSB Act dealing with the recovery of pension were discriminatory. The constitutional claim was filed by Elrington, but shortly after, settlement discussions between the statutory body’s attorneys and Elrington ensued.

By September 29, 2023, a Consent Order was filed. The terms of this order, however, were never approved by Pastor Dozie, the client. He complained that Elrington entered into the order on his own, without his knowledge.

The GLC found that Elrington was derelict in his duty in not securing approval of his client on the terms of the consent order. The ruling was first handed down on April 19, 2024. The council found that Elrington was in breach of rules 4.14, and 22 of the Legal Profession Act Code of Conduct. His action constituted grave professional misconduct.

While the council is empowered under section 16(2) of the LPA to remove or suspend an attorney from practice, reprimand, make an order of restitution, order payment of costs, or make any other order, Elrington was fined. The $15,000 — $5,000 of which goes to Pastor Dozie — must be paid by August 3.

Elrington did not dispute the findings of the council. In his mitigation statement, he shared that since the ruling he has lost many clients. He says the decision was a lapse of judgment. He asked the council for leniency, citing his willingness to take on pro bono work and willingness to repay his client, and the fact that he has been practicing law for just 7 years.

He noted that he has been unable to repay Pastor Dozie because a bank account number has not been provided. He was also ordered to pay $46,588 owed to Pastor Dozie before July 19.

According to the GLC, because he accepted their decision, and offered to repay the client and he takes on pro bono work, it decided not to suspend Elrington and instead imposed the fine, which it considered “reflective of the seriousness of the offense.”

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