Ian H. Robins
Allegation / charges
Appeal Allowed; GLC Sanction set aside; New sanction imposed | Court of Appeal decision delivered October 18, 2019. View PDF [2019] JMCA Civ 30 BEFORE: THE HON MR JUSTICE F WILLIAMS JA THE HON MISS JUSTICE P WILLIAMS JA …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Attorney Chandra Soares was retained to convey a property sold for $35,500,000 but drafted the agreement understating the price at $25,500,000, and paid the client only $14,000,000 leaving a shortfall of $7,985,424.76 because she had used client funds over 2006-2008 to give 'sow seed' money to her church. The Disciplinary Committee found she knowingly mis-computed costs and knowingly converted the shortfall to her own/others' use without the client's consent, breaching Canons VII(b)(ii) and I(b). Although the client had been fully repaid (with interest and costs) and wished to withdraw, the Committee refused withdrawal, citing the public-protection duty, and struck her off. The Court of Appeal dismissed her appeal against sanction, holding the striking off was not plainly wrong given the serious, egregious misconduct, and awarded costs of the appeal to the respondent to be taxed if not agreed. The Committee's findings used the language of knowing conversion rather than an express finding of dishonesty.
Duties found breached:
- Uphold public trust in the profession
- No improper use of client money
- Truthful, non-misleading advertising
Aggravating factors:
- Course of conduct spanning at least two years in which client funds were given to her church as 'sow seed' money, not an isolated incident
- Breach of the trust her client had reposed in her
- Knowingly understating the purchase price in the agreement for sale to the detriment of the revenue
- Preparation of a promissory note for the shortfall that the client never saw or agreed to
Mitigating factors:
- Full repayment of the shortfall ($7,985,424.76) together with commercial interest (15.875%) and legal costs prior to the hearing
- Previously unblemished record over a long career (in practice since 1985)
- The complainant wished to withdraw the complaint and had received his money
Duties engaged
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Documents
Source: https://www.generallegalcouncil.org/judgement/ian-h-robins-court-of-appeal-no-6-of-2018/