Jermaine Ryan Simms

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Disciplinary Committee of the General Legal Council of Jamaica found that attorney Jermaine R. Simms breached his professional undertaking given to Dabdoub Dabdoub & Co to pay US$32,500.00 on 30 September 2008 in settlement of rent arrears for premises occupied by Carlos Hill. The Panel refused the complainant's application to withdraw the complaint and rejected allegations of bias and unfairness. It found breaches of Canon VI(d) - giving an undertaking he could not fulfil and failing to fulfil it - established beyond reasonable doubt. Although the Panel described the conduct as dishonourable and unbecoming, it made no express finding of dishonesty. Finding no mitigating circumstances, the Panel struck Simms off the Roll, ordered restitution of US$32,500.00 with 6% interest, and ordered costs of J$100,000.00.

Duties found breached:

• No taking unfair advantage
• Uphold public trust in the profession
• Honour professional undertakings

Aggravating factors:

• Was expressly warned by Abraham Dabdoub not to give the undertaking unless he had the money in hand, yet proceeded
• Had 10 years' standing at the Bar and was aware of the consequences of a professional undertaking
• Gave the undertaking with no funds in hand, relying solely on a third party's promise
• Failed to pay any part of the US$32,500.00 in the more than two years since the breach
• Conduct equated to giving a cheque without funds; dishonourable and bringing the profession into disrepute

Mitigating factors:

• Respondent claimed reliance on attorney Yvette Sterling's assurance that he would be put in funds (rejected by the Panel)
• Respondent claimed he suffered a stroke shortly after giving the undertaking (no medical report tendered; Panel found no mitigating circumstances)

⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]