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Ian H. Robins

JurisdictionJamaica
BodyGeneral Legal Council — Disciplinary Committee (GLC)
Professionattorney
DateOctober 18, 2019
OutcomeAppeal Allowed; GLC Sanction set aside; New sanction imposed

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

SanctionStrike Off
Dishonesty foundNo

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:

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

Other decisions involving this respondent

  • 107 of 2018 2018-11-29 · GLC · Jamaica · Sanction Stayed Pending Appeal
  • 141 of 2017 2018-04-14 · GLC · Jamaica · Guilty of Professional Misconduct

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

Documents

Source: https://www.generallegalcouncil.org/judgement/ian-h-robins-court-of-appeal-no-6-of-2018/