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Bermuda Bar Council disbars lawyer over unprofessional misconduct

Myron Simmons, the husband of the former Attorney General, owes around $52,000 plus interest after failing to pay Stamp Duty to the Office of the Tax Commissioner on behalf of his clients purchasing a home.

Shadow Legal Affairs Minister Scott Pearman has called for an independent investigation into the work of a now disbarred former government consultant and spouse of the former Attorney General. 

The announcement that Myron Simmons was disbarred by the Bermuda Bar Council came to light on Friday in the Official Gazette.

It has prompted calls from the OBA for an independent investigation into Mr. Simmons’s conduct while a Government consultant. 

Mr. Simmons, the husband of former Attorney General Kathy Lynn Simmons, admitted to three charges that he misused land tax funds meant for the Office of the Tax Commissioner on behalf of his clients’ Stamp Duty payment. 

It happened at the now defunct Lightbourne and Simmons law practice he co-founded with Mrs. Lynn Simmons. 

In November 2011, his clients purchased a new home through the law firm then later found out in May 2019 the house was still listed in his client’s mother’s name and nothing was paid to tax officials.

The transfer of the property, in effect, never happened and his actions of withholding the funds was deemed a breach of the Barrister’s Code of Professional Conduct. 

According to a judgment delivered by the Supreme Court in March of 2022, Mr. Simmons was ordered to pay $51,000 plus interest of $18,800 but had failed, refused or neglected to repay the funds.

Then-Justice Larry Mussenden stated, “In my view, it could be said that the Plaintiffs have been robbed of all the joys of homeownership, an emotional and factual experience that they thought they had since 2011.”

The judgment was then submitted to the Bermuda Bar Council, the Director of Public Prosecutions and the Commissioner of Police. 

Shadow Legal Affairs Minister Scott Pearman said in a statement, “Now misdeeds have finally been admitted.  Will the victims ever be reimbursed?… The crucial point here is these were not victimless crimes.”

News broke in January that the Government paid nearly $167,000 to Mr. Simmons while a consultant under Onyx Law between May and December last year.
This prompted criticism from the Opposition about the AG’s chambers having Mr. Simmons working for the same office while his wife was still an MP and AG.

The former AG resigned in August this year, though reasons for her departure were never disclosed. 

We have sought comment from the Ministry of Justice and the Bermuda Bar Council.

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