By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

ATTORNEY Raymond A Rolle has lost his bid to overturn a disciplinary ruling that saw him struck from the roll of Bahamian attorneys after being found guilty of serious professional misconduct.

In a decision handed down by the Court of Appeal on Monday, Justices Evans, Charles, and Smith unanimously dismissed Mr Rolle’s appeal and upheld the ruling of the Bahamas Bar Council’s Disciplinary Tribunal, which had ordered his disbarment in February 2023.

The Tribunal’s decision stemmed from two separate complaints — one from RBC FINCO and the other from a private client, Michael Preuss — both involving uncompleted legal transactions and mishandling of funds.

According to court documents, Mr Rolle acted as RBC’s attorney on more than 30 mortgage transactions between 2008 and 2013, worth nearly $7m in total. RBC alleged that Mr Rolle failed to carry out essential legal steps in dozens of files, including securing necessary consents and finalising the recording of mortgage instruments. Efforts by RBC to retrieve the outstanding documents and resolve the issue reportedly went unanswered.

In a second complaint dating back to 2011, Mr Preuss accused Mr Rolle of accepting nearly $193,000 for a property purchase on Rum Cay but failing to complete the transaction. Despite multiple attempts to move the sale forward, the deal was never closed, and the funds were not returned.

Both matters were referred to the Bar Council’s Ethics Committee and then escalated to the Disciplinary Tribunal. After hearings, the Tribunal ruled that Mr Rolle had committed improper conduct under the Legal Profession Act and should be disbarred immediately.

Mr Rolle appealed the decision, arguing that the punishment was too harsh. He admitted that his handling of the matters fell short of professional standards but insisted that disbarment was excessive.

Through his counsel, he argued that a suspension with conditions, such as requiring repayment to affected clients, would have been a more proportionate penalty.

In support of his argument, Mr Rolle’s legal team cited the 1993 English case of Bolton v. The Law Society, which distinguishes between dishonesty and professional lapses. Mr Rolle maintained that while his conduct was negligent, it was not dishonest.

But the Court of Appeal wasn’t convinced. Writing for the court, Justice Evans said the Tribunal had properly weighed the seriousness of Mr Rolle’s misconduct, which included long periods of inaction, poor communication with clients, and a complete failure to account for client funds.

“It is difficult to understand what would warrant disbarment if these actions did not,” said the judgment, pointing to the lasting harm done to clients, particularly the uncertainty and financial risk faced by RBC as a result of the mishandled mortgage documents.

The court also noted that Mr Rolle has since been declared bankrupt, a development the Tribunal had taken into account when deciding the appropriate sanction. While bankruptcy alone is not a basis for disbarment, it becomes relevant when an attorney is unable to make clients whole after professional failures involving money.

The judges emphasised that lawyers must meet the highest standards of trust and accountability, especially when handling client funds, and that failing to do so undermines the integrity of the entire profession.

“Public confidence in the legal system demands that attorneys can be trusted with their clients’ most sensitive financial and legal affairs,” the ruling said. “Where that trust is broken, the consequences must be serious.”

The court awarded costs to the Bar Council, meaning Mr Rolle is now responsible for legal fees related to the appeal, in addition to being permanently disbarred.