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More details emerge on reasons for lawyer's ban

Llewellyn Peniston

Seven people complained about lawyer Llewellyn Peniston’s handling of their financial affairs, prompting his professional body to ban him from practicing.As The Royal Gazette first reported on Friday, Mr. Peniston was banned from all forms of legal work for the first two months of a two-year period.A disciplinary tribunal appointed by the Bar Council imposed the ban.He remains suspended from all forms of practice apart from representing criminals in court for the rest of the two-year period.On Friday, a notice appeared in the Official Gazette giving details of the various complaints against Mr Peniston.The notice states there were seven separate complaints of improper conduct charged against him, which were determined together on October 6 by a disciplinary tribunal appointed under the Bermuda Bar Act.The tribunal found him guilty of a charge of improper conduct where the complainant was the Bar Council.Mr Peniston pleaded guilty to the remaining complaints and the ban was imposed.The official notice explains that he failed to co-operate with, and produce books and accounts to an accountant appointed by the Bar Council to investigate his accounts.Five individuals referred to only by their surnames Philpott, Bascome, Raynor, Weller and Crofton alleged that Mr Peniston received money on their behalf, failed to put it in a trust account, delayed in notifying them of its receipt and delayed in paying it over to them.Another complainant, Burgess, alleged that some time in 2004, $26,500 was paid to Mr Peniston to stamp a conveyancing document, and that was not done.A further complaint, from Debra Archer, centred on an injunction obtained by Mr Peniston to prevent payments from the client account of an attorney employed by him.This, says the notice, had the effect of preventing a proper payment of $36,854 out of that account to the trustees of an estate.Mr Peniston appealed the outcome of the tribunal to the Court of Appeal, but it ruled against him last month, and ruled that he had to pay the Bar Council’s costs of the appeal.Mr Peniston has not returned calls or e-mails from The Royal Gazette.