By: G Bennie Bravo Johnson I
The Chief Justice of the Supreme Court of Liberia, Sie-Nyene G. Yuoh, has issued a directive ordering the Grievance and Ethics Committee to investigate allegations of ethical misconduct against Cllr. Samuel Pearson.
In a directive dated August 14, 2024, addressed to Cllr. George Henries, Chairperson of the Committee at the Temple of Justice, the Chief Justice, requested an immediate inquiry into the complaint lodged by Ballah V. Yargbo against Cllr. Pearson.
The letter mandates the committee to investigate and report its findings and recommendations to the full bench. “I herewith forward the below complaint: Z. Mr. Ballah V. Yargbo against Cllr. Samuel Pearson, I request that your Committee investigate the said matter, following which the Committee will submit its finding(s) and/or recommendation(s) to the Bench en banc” Justice Yuoh.
This action follows a ruling by the Liberia National Bar Association (LNBA), which found Cllr. Pearson is liable for the allegations made by complainant Yargbo. The complaint states that Cllr. Pearson conspired with his brother to wrongfully deny Yargbo his inheritance after his mother’s death.
Yargbo’s mother was married to Cllr. Pearson’s brother, James Pearson, before her demise. The LNBA has recommended a twelve-month suspension for Cllr. Pearson due to these ethical violations. The issue first arose in 2023 when Yargbo requested an expedited investigation, which has remained unresolved since August of that year, prompting his frustration over the delays. Mr. Yargbo accuses Cllr. Pearson and his brother, James, of conspiring to deprive him of valuable real estate and personal assets, alleging that Cllr. Pearson provided false testimony in probate court regarding the estate.
Despite the LNBA’s findings in October 2023, Mr. Yargbo claims that no further action has been taken, leading him to urge Cllr. Henries to expedite the investigation as ordered by Chief Justice Yuoh.
According to the LNBA findings, the Complainant also alleged that on April 4, 2022, while the diseased body was still deposited at the mortuary awaiting funeral arrangements, Cllr. Pearson petitioned the Monthly and Probate Court for Montserrado County for Letters of Administration
before Judge Scheaplor R. Dunbar, assigned Probate Judge then, through Atty. Henry W. Barkon, to administer the estate of the deceased, Mammie Hayford Pearson.
That the Letters of Administration was granted to Cllr. Pearson on May 9th, 2022, after which Cllr. Pearson used the said instrument, proceeded to both the LBDI and UBA to withdraw all of the monies, including both currencies and subsequently ‘closed the accounts.
The total amount withdrawn from both accounts by Cllr. Pearson, as an administrator of the Intestate Estate of the late Mammie Hayford Pearson, was USS93,755.73 (Ninety Three Thousand, Seven Hundred Fifty Dollars Seventy and Seventy-Three Cents) and LDS6,235,353.47 (Six Million, Two Hundred Thirty-Five Thousand, Three Hundred Fifty-Three and Forty-Seven Cents).
Having obtained the Letters of Administration on May 9, 2022, unknown to the Complainant, who is the only heir of the late Mammie Hay Ford Pearson, on July 27, 2022, Cllr. Pearson prepared a limited power of Attorney with the names of the Complainant and his step-father, Mr. James Henric Pearson, who had already pre-signed the same instrument and had the Complainant to sign, thereby authorizing Cllr. Pearson as an agent to act for and on behalf of the Estate of the late Mammie Hayford Pearson.
As to whether or not Cllr Pearson violated Chapter 111 of the Decedent and Estate Law, Subsection 111.l, Order of Propriety of granting Letters of Administration, when he proceeded to apply for a Letters of Administration to administer an estate of a decedent when the widower and an issue of her body being of legal age were alive?
The LNBA answered in the affirmative, stating that Chapter 111 Subsection 111. l of the Decedent & Estates Law, Order of priority for granting letters of administration. Standard sequence states that “Letters of Administration must be granted to persons who are distributors of an intestate and who are reliable and qualified in the following order: the surviving spouse, the children, the grandchildren, the father or mother (S) the brothers or sisters, etc.
The LNBA findings asserted that in this case, Cllr. Pearson falls in neither of these orders. From the records presented, Cllr. Pearson is only a nephew to the widower of the diseased. Besides, Cllr. Pearson served as a family lawyer to the deceased and her husband, as well as the Complainant, Ballah Yargbo.
It adds that CIlr. Pearson was never given any authority to act before assuming the position. Whether or not the Grievance & Ethics Committee of the Liberian National Bar Association has original jurisdiction to entertain matters emanating between a lawyer and a private citizen, which involves or borders on the ethical conduct of a lawyer in the performance of his/her legal duties?
The LNBA with resounding Yes, provided that under the Constitution and By-Laws of the Liberia National Bar Association (LNBA), the Grievance & Ethics Committee is one of the standing committees that has the full responsibilities and obligations to deal with all matters touching on the conduct of lawyers in ‘respect to their clients.
The Committee exercises jurisdiction over and shall hear, investigate, and adjudicate any written complaint lodged against a lawyer involving attorneys-client relationship, character,
integrity and professional conduct and ethics.
The Grievance & Ethics Committee
as stated aforesaid, does have the legal competence and jurisdiction to exercise jurisdiction over this case, especially where it has to do with the character, integrity, and professional conduct of members of this association over private citizens.
The LNBA, in its findings, asserted that the argument was made by Cllr. Pearson that the issue raised by Mr. Yargbo is cognizable before the Probate Court and not the Grievance & Ethics Committee of the Bar is untenable and utterly misleading.
The Bar added that the Monthly and Probate Court of any county does not deal with the character and the integrity of lawyers and their clients but only before an integrity body such as the Grievance Committee.
