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Legal ethics group pushes for stronger conduct regulations

Do the right thing: Jeffrey Elkinson, the chairman of the Bermuda Bar’s Professional Conduct Committee (File photograph)

The head of a professional conduct group has underscored the need for rigorous enforcement of ethical standards for members of the Bermuda Bar.

Jeffrey Elkinson, the chairman of the Bermuda Bar’s Professional Conduct Committee, acknowledged in his 2024-25 report the grave responsibility that came with practising law.

Mr Elkinson summarised the root of his profession’s ethics as “do the right thing, even when no one is looking”.

He added: “At the end of the day, we all should strive to do better for ourselves, our profession and our legal system so that we can better serve our small community.”

The report was published on April 25 as a summation of the committee’s actions between April 1, 2024 and March 31 this year.

It recognised the previous year’s spate of “serious failures by lawyers”, particularly the imprisonments of Kamal Worrell, Tyrone Quinn and Nancy Vieira.

Worrell was sentenced to life in prison in March 2024 after he was convicted of murdering Chavelle Dillon Burgess.

Quinn was sentenced only ten days later to 15 years’ imprisonment for stealing $483,000 from three clients, while Vieira was jailed for three years in May 2023 for stealing $86,000 from a client.

Mr Elkinson said that, while the three had been brought to justice, it did not repair the damage inflicted on their victims or the erosion of the public’s trust in lawyers.

He added that the main goal of a lawyer should not be to build one’s fortune but to help others.

Mr Elkinson said: “The successful attorneys are not just those who get a good living from their practise of law.

“Success is to be earned by working hard, doing long hours if necessary and freely giving time to support the profession and those in need.”

Mr Elkinson later said there were no “astringent” bodies under the Bermuda Bar to properly investigate allegations of breaches in ethics.

He said this led to lawyers having their annual Fit and Proper Person certificates renewed, enabling them to practise when it might not be appropriate.

Mr Elkinson pointed out that fines, suspensions or disbarments were officially gazetted, while minor punishments were not.

He acknowledged this could give the impression that lawyers were rarely disciplined.

Mr Elkinson explained this was done because panel members were often too busy to publicise everything they dealt with.

However, he said it “remains to be seen” if the recent spate of crimes committed by lawyers would push disciplinary tribunals to consider more severe punishments.

Mr Elkinson added: “The process for the issue of Fit and Proper Person certificates needs review, as it is not the filter which it was intended to be.”

The report stated there were 53 new complaints filed during the working year — 23 more than the previous year.

Two were struck from the record — Vieira, after a certificate of conviction, and Myron Simmons in the wake of a disciplinary tribunal.

Over the working year, 42 complaints were closed, dismissed, withdrawn or ended in admonishment.

The committee is investigating 14 open complaints, to which lawyers involved were encouraged to respond.

Mr Elkinson said that the Bar Council still found it difficult to find lawyers to sit on tribunals as panel members.

He said that, while it was “quite proper” for a lawyer to decline a seat where there was conflict of interest, having a “cordial relationship” with lawyers was not grounds to decline.

Mr Elkinson said there were now eight complaints under the review of Deloitte and Touche inspectors appointed to investigate funds within law firms.

Seven were carried over from last year and one is new.

Mr Elkinson said in the last report that 24 cases were pending charges or going through a disciplinary tribunal.

He said that, while three were still pending charges and five hearings concluded in favour of the Bar Council, another five were active at various stages of the disciplinary process and four had been abandoned.

The Professional Conduct Committee is made up of a member of the Bar Council and six others elected by the council from the pool of Bar members.

Once it has investigated a complaint, it may either admonish the respondent for minor infractions, or refer the matter to a tribunal.

About three to five tribunals are held each year in the jurisdiction.

To read the full report, visit the Bermuda Bar Association’swebsite

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Published May 19, 2025 at 8:33 am (Updated May 19, 2025 at 12:00 pm)

Legal ethics group pushes for stronger conduct regulations

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