In the last few months, I have had two experiences where lawyer friends of mine have been accused of stealing large sums of money from clients. Thankfully, those allegations proved to be completely without basis. But the way the allegations took off tells a story which I want to explore in this article.
Denise & Joanne
A few years ago, I introduced my friend Denise (fictitious name) to my lawyer friend, Joanne (fictitious name). Denise is based in the US and wanted to sell a piece of land in Grenada. After the introductions, I left them alone. A few months ago, Denise contacted me. She had a litany of complaints about Joanne.
Denise explained that over a year ago she had entered into an agreement, through Joanne, to sell her land for a substantial sum of money. The closing date for the deal was three months after signing of the agreement and the buyer paid the customary 10% deposit to Joanne.
The three months for closing the deal came and passed but the deal was not closed. A year came and passed, and the deal was not closed. In the meantime, Denise was understandably getting worried. She wanted updates to find out what was happening. But she experienced difficulties in reaching Joanne. On the occasions she got her, Joanne would say that things are working out. However, to Denise, considering the delay, “things are working out” was not a satisfactory answer. To make matters worse, third parties and other advisors entered the fray and started to provide Denise with rumours and stories about lawyers in Grenada thiefing client’s monies. The insinuation was that Joanne was not closing the deal because she had stolen the deposit money.
When Denise contacted me, I immediately told her that I was sure there is an innocent explanation; and that I would have to get conclusive evidence before I would even entertain the thought that Joanne was being dishonest. I promised Denise to address the matter once she gave me a little time to go in and speak to Joanne. Joanne is one of these one-person law firms, always in court or otherwise busy.
I got in touch with Joanne. Joanne explained to me that the deal was not closed because the purchaser had to get the rest of the money from a financial institution. The financial institution, however, would not release the money until the purchaser obtained the proper planning permission. Permission had been obtained but not for a commercial property, which is what was required. So that process had to start over. Joanne told Denise that she could terminate the agreement, but Denise agreed to give the purchaser some time. Joanne herself felt that, in the circumstances, it would be unconscionable to terminate and retain the deposit; hence she was glad Denise had agreed to give the purchaser time. Since the three months for closing passed, there was no further development so there was nothing new to report.
Long story short. I was able to relay the information from Joanne to Denise. Because of my training as a lawyer, I was able to give Denise detailed explanations along with the information from Joanne. Thereafter, I became the “Voice, Eyes, Ears, Hands and Legs” of Denise in Grenada. By maintaining almost daily contact with Denise and being on the ground in Grenada to be in constant
touch with Joanne, I was able to allay Denise concerns and see the deal through in a matter of a few months, without further drama.
Cindyann & Sherman
Just over a year ago, a friend of mine contacted me. He needed to get a lawyer for a relative based in the US. His relative Cindyann (fictitious) wanted to purchase a property in Grenada. I put Cindyann in touch with Sherman (fictitious). The relationship between Cindyann and Sherman went very well, and I soon fell out of the loop.
However, a few weeks ago, I received a call from my friend. He told me that Cindyann contacted him frantically insinuating that Sherman had absconded with over $150,000 usd which she had entrusted to him. The allegation arose because Cindyann was trying to contact Sherman over the closing of the transaction. However, unusually, according to Cindyann, she was not getting through to Sherman. This caused her great concern and anxiety. After dozens of calls, text messages and whatsapp messages, Cindyann finally got a short whatsapp message from Sherman stating that, “I am out of the country and would be in contact on my return”.
However, Murphy’s Law was active. Within minutes of Cindyann getting the text message from Sherman, a third party in Grenada told a fourth party who told Cindyann that Sherman was seen minutes ago coming out of Republic Bank, the very bank in which the money was being held. With that, all hell broke loose. ‘Water cant wash him’, as we say in Grenada. No more proof was needed, in Cindyann’s eyes, that Sherman was seeking to run out with her money.
When my friend contacted me, and he told me that Sherman was refusing to take calls from Cindyann, I casually mentioned that Sherman was out of the country; that he had left the day before. My friend went quiet. After a distinct pause he related to me the full story including the fact that someone told Cindyann that they saw Sherman coming out of the bank.
I have now been asked to intervene. Cindyann for her part feels justified. She says that the money she entrusted to Sherman are her life’s savings. She feels that Sherman should have known that she would be trying to contact him. And if he was going to be out of touch, he should have given her notice of that.
Sherman is deeply hurt and angry over being accused of stealing money when there is no basis for it. He says that Cindyann is not his only client and that he has been working on Cindyann’s business night and day to close the transaction.
JEL DIASPORA MANAGEMENT
On launching the business, on 5th September 2019, we said that JEL DIASPORA MANAGEMENT, “is the product of the frustration that hundreds of thousands of Grenadians in the Diaspora experience whenever they have to address an issue back in Grenada which requires a presence or interaction with persons and agencies in Grenada”.
We noted that “there are widespread complaints from Grenadians in the Diaspora about service providers in Grenada. The complaints vary from allegations of dishonesty, incompetence, unreliability and inaccessibility”. We also noted that, due to the frustration, “Many Grenadians have just given up. Others have resorted to putting their business in the hands of family members or close friends. This has often had disastrous results leaving behind unattended business but also broken relationships and even court action”.
The stories of Denise & Joanne and Cindyann & Sherman have reinforced the need for the business JEL DIASPORA MANAGEMENT. The distrust by people in the Diaspora for service providers in Grenada lies just below the surface. The slightest provocation, real or perceived, and it erupts. Thus, the combination of this distrust and a breakdown in communication is toxic.
What JEL Diaspora Management brings to the table is the capacity to fill the communication gap, to manage the flow of communications, to ensure there is no breakdown in communications between clients based in the Diaspora and honest but busy professionals based in Grenada. Our training and experience uniquely equip us for this.
Joseph Ewart Layne
Joseph Ewart Layne is the Principal of JEL Diaspora Management. He is a graduate of Hugh Wooding Law School; he holds an LLB (Honours) and an LLM (Corporate & Commercial Law) from London University and a LLM (Legislative Drafting) from UWI, St. Augustine. He also holds a BSc. (First Class Honours) in Applied Accounting from Oxford Brookes University and is an ACCA Affiliate.
JEL Diaspora Management which is owned by JEL Professional Solutions offers an attorney-client management service including recommending and engaging attorneys on behalf of clients and managing the attorney-client relationship. Other services offered by JEL Diaspora Management can be viewed on the Services page.