A former government lawyer and husband of an attorney-general has been disbarred after admitting breaches of the Barrister’s Code of Professional Conduct.

Myron Simmons pleaded guilty to three counts against him at an October disciplinary tribunal in the wake of a complaint made against him in March 2022.

The tribunal subsequently disbarred Mr Simmons on each of the three counts.

“The administration of all trust funds controlled by the respondent is to be transferred to the control of an accountant nominated by the Bar Council as soon as reasonably practicable and, in any event, within 28 days,” the notice said.

“In the interim, the respondent is not to deal in any way with such funds without the express written approval of the Bar Council, and the respondent shall pay the applicant’s costs in the sum of $5,000.”

Detailing the allegations, the legal notice which appeared in yesterday’s edition of The Royal Gazette said that Mr Simmons was accused of “improper conduct unbefitting a barrister” in November 2011.

The notice said that during the period, he had received $52,000 from Gena and Richard Robinson for the purpose of paying the money to the Office of the Tax Commissioner for stamp duty on a Pembroke property.

“The said voluntary conveyance was prepared by the respondent on behalf of his said clients,” the notice said.

“In breach of his duty to pay said sum to the OTC, the respondent retained said sum for his own use.”

According to a March 29, 2022 decision, Mr Simmons agreed in a consent judgment that he would pay back the plaintiff’s $52,000, together with just over $18,800 in interest.

At the time, Mr Simmons told the Gazette that he had explained the circumstances of what happened to the Robinsons, but that the judge “seems to have formed opinions without hearing arguments”.

Mr Simmons also faced accusations dating to a period of time between August 2008 and May 2011 when he was retained by HSBC Bank Bermuda Ltd to carry out the functions necessary for the proper legal transfer of title, including obtaining the funds necessary to pay stamp duty to the OTC.

The notice said: “In respect of at least 14 of the said transactions, the respondent failed to obtain and pay the OTC the applicable stamp duty, resulting in the bank not having good security.”

On a third count, Mr Simmons was retained by Raphelita Clarke to carry out the administration of her late husband’s estate.

“She instructed the respondent to sell one of the properties, the beneficiary thereof being her grandson, of the estate and to use the proceeds of the sale to pay the respondent’s invoice for fees and disbursements in the amount of $138,967.76, which included the stamp duty due on the estate in the sum of $112,028.66,” the notice said.

“The said property was sold by the respondent in March 2013 for $350,000. The net proceeds were $291,794.50, sufficient to pay the respondent’s said fees and stamp duty.

“The respondent advised his said client that the net proceeds had been used to pay his said fees in full together with his stamp duty. In fact, the respondent only paid $22,028.66 of the stamp duty, leaving an outstanding balance of $90,000.”

The notice said $91,794.50 of the net proceeds was used for legitimate expenses of the sale, leaving a balance of $200,000 due to the estate.

“As the said balance was, under the probate, payable to the said grandson, the respondent told his client that he would invest said sum for him,” the notice continued.

“The client accepted the respondent’s advice since he had told her all the estate’s expenses had been paid as well as his fees and stamp duty.

“After countless attempts by the client to ascertain the state of said investment to no avail, between June 2013 and March 2016 the respondent made various payments to the client totalling $23,000.

“The client continued to press the respondent as to what was happening with the investment and why she was not receiving the promised returns. She received no rational explantation.”

The notice said that in October 2016, the client retained new counsel and launched legal action against Mr Simmons, which resulted in a consent judgment under which Mr Simmons agreed to pay the client $199,200.34.

Mr Simmons, the husband of Kathy Lynn Simmons, the former Attorney-General and Minister of Legal Affairs and Constitutional Reform, was employed as a senior counsel in the Attorney-General’s Chambers before resigning at the end of March 2023.

He was immediately hired as a legal consultant at the department on a monthly salary of $13,721. That contract was for three months and was signed to give time for the Attorney-General’s Chambers to hire a replacement for Mr Simmons.

One month later, the Attorney-General’s Chambers hired Mr Simmons on a new contract after he set up his own law firm, Onyx Law. Under the new agreement, Onyx Law was paid $20,833 a month.

Onyx Law was still working as a consultant for the Attorney-General’s Chambers in January when details of the contract were made public.

However, in April a spokeswoman for the ministry said: “The ministry can confirm that the Attorney-General’s Chambers employs neither Mr Simmons nor Onyx Law in any capacity.”

Mrs Simmons stepped down as the Attorney-General and as a Member of Parliament this summer.

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