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Jermaine Ryan Simms

JurisdictionJamaica
BodyGeneral Legal Council — Disciplinary Committee (GLC)
Professionattorney
Case number48 of 2009
DateSeptember 21, 2017
OutcomeGuilty of Professional Misconduct

Allegation / charges

Guilty of Professional Misconduct | Disciplinary Committee decision delivered September 21, 2017. View PDF View Sanction DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 48/2009 IN THE MATTER OF GARNETT DAWKINS and JERMAINE R. SIMMS …

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

SanctionNo Order
Dishonesty foundNo

The Attorney was retained to handle the sale of the complainant's property for $2,100,000. He received $1,865,600 in balance proceeds from the National Housing Trust on the complainant's account. The Attorney issued the complainant a client account cheque for $1,400,000, which was dishonoured for insufficient funds ("refer to drawer"). Despite being notified, the Attorney neither replaced the cheque nor paid the complainant, and avoided contact. The Committee, applying the criminal standard of proof, found the allegations established beyond reasonable doubt, concluded the Attorney misappropriated the monies, and found him guilty of professional misconduct in breach of Canons I(b), VII(b) and VIII(b). The decision records the finding of guilt but does not state any sanction, fine, or costs.

Duties found breached:

Aggravating factors:

  • Betrayal of fiduciary trust and confidence reposed by the client
  • Conduct described by the Committee as reprehensible
  • Avoided contact with the complainant after the cheque bounced

Duties engaged

Other decisions involving this respondent

  • 48 of 2009 2017-10-12 · GLC · Jamaica · Restitution Ordered
  • 113 of 2009 2011-09-17 · GLC · Jamaica · Struck off
  • 41 of 2009 2011-02-19 · GLC · Jamaica · Struck off, Restitution Ordered

Matched by respondent name — may include a different person with the same name.

Documents

Source: https://www.generallegalcouncil.org/judgement/jermaine-ryan-simms-complaint-no-48-of-2009/