RESULT: Struck off again, Restitution Ordered | Disciplinary Committee decision delivered June 24, 2017. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 23, 2016
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON
COMPLAINT NO: 44/2014
IN THE MATTER OF KIRK SMITH VS DAIMIAN MASTERS an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Mr. Walter Scott Q.C.
Mr. Trevor Ho Lyn
Mrs. Debra McDonald
DECISION DELIVERED ON 24th JUNE, 2017
UPON THE APPLICATION dated January 16, 2014 made under Section 12(1) of the Legal Profession Act and coming on for hearing before the Disciplinary Committee on the 13th December, 2014, 18th April, 2015, 15th May, 2015, 28th November, 2015, 27th February, 2016, 23rd July, 2016 and 24th June, 2017
AND UPON the Complainant Kirk Smith appearing on 28th November, 2015 and giving evidence on oath
AND UPON the attorney-at-law Daimian Masters being present only on 18th April, 2015 and absent on all other scheduled dates of hearing and there being no material advanced in mitigation and no submissions made in that regard by him
AND UPON DUE CONSIDERATION of the sworn evidence of the Complainant
THE COMMITTEE FINDS THAT:
The attorney is guilty of professional misconduct as per Canon VIII (d) of the Legal Profession (Canons of Professional Ethics) Rules in that he has breached the following Canons as set out hereunder:
Canon 1 (b) which provides that “An Attorney shall at all times maintain the honour and dignity of the profession and shall abstain from behavior which may tend to discredit the profession of which he is a member.”
Canon IV (r) “An attorney shall deal with his client’s business with all due expedition and shall whenever reasonably so required by the client, provide him with all information as to the progress of the client’s business with due expedition.”
Canon IV(s) “In the performance of his duties an Attorney shall not act with inexcusable and deplorable negligence or neglect.”
Canon VII (b) (ii) “An attorney shall account to his client for all monies in the hands of the Attorney for the account or credit of the client, whenever reasonably required to do so.”
PURSUANT TO THE FOREGOING FINDINGS AND THE COMMITTEE HAVING NOTED THAT THE ATTORNEY DAIMIAN MASTERS HAS BEEN STRUCK OFF IN ANOTHER MATTER, UNANIMOUSLY HEREBY ORDERED THAT:-
Pursuant to S 12(4) (a) of the Legal Profession Act as amended :
- The name of the Attorney Daimian Masters, is struck off the Roll of Attorneys-at-law entitled to practice in the several courts of the island of Jamaica.
- The Attorney Daimian Masters shall pay restitution to the Complainant in the sum of $110,000.00.
- The Attorney shall pay costs of these proceedings in the amount of Fifty Thousand Dollars ($50,000.00) to the Complainant and Twenty Thousand Dollars ($20,000.00) to the General Legal Council.
CHAIRMAN OF THE PANEL
Dated 28th June, 2017