Professional Conduct Committee's Mandate & Responsibilities
The Professional Conduct Committee is the disciplinary body of the Bermuda Bar Association. It was created under the Bermuda Bar Act 1974 and operates under the Bar Professional Conduct Committee Rules 1997 and the Bar Disciplinary Tribunal Rules 1997. Any allegation of improper conduct, as that expression is defined in the Barristers’ Code of Professional Conduct 1981 (“the Code”), is dealt with by the Professional Conduct Committee (“PCC”). The powers of the PCC are specific and are set out in Section 18A of the Bermuda Bar Act 1974. Broadly speaking, its principal function is to investigate and determine if there is a prima facie case of improper conduct against an attorney. The PCC may also appoint accountants to manage the trust funds of the attorney. If a complaint of improper conduct warrants further disciplinary action, other than the admonishment that the PCC can give, the complaint is referred to a tribunal. The tribunal has the power to admonish, reprimand, fine, suspend or disbar the attorney.
In accordance with Section 18 of the Bermuda Bar Act 1974, the following members have been appointed by Bar Council to serve on the Professional Conduct Committee for the ensuing year April 2017.
From the Membership: Jeffrey Elkinson (Chairman), Saul Froomkin QC, Delroy Duncan, Charmaine Smith, Garrett Byrne and Lorren Wilson
From Bar Council: Barclay Simmons
Chairman, Jeffrey Elkinson is a Barrister and Attorney, Justice of the Peace, Trust and Estate Practitioner, Chartered Arbitrator and Mediator, M.A., B.A. (Moderatorship Legal Science), LLB, B.L.
Member of the Bars of: - Ireland, England & Wales, Hong Kong, New South Wales, New York, Bermuda, Eastern Caribbean Supreme Court, United States Court of International Trade, United States Court of Appeals for the Federal Circuit and Dubai International Financial Centre. Special Assistant Attorney General of the Commonwealth of Massachusetts, Assistant Judge of the Supreme Court of Bermuda. Director of Conyers Dill and Pearman Limited.
Jeffrey is experienced in the areas of Insurance, construction, telecoms, banking, maritime and commercial matters generally. He is an active arbitrator, mediator and counsel in domestic and international disputes with appointments from ICC, LCIA, CIArb. He is Past President of the Chartered Institute of Arbitrators (2012) and course director and tutor for Fellowship and Membership courses of the Institute. Chairman of the Professional Conduct Committee of the Bermuda Bar since 2009, member since 2006, and Chairman of the Police Complaints Authority. Door tenant of Des Voeux Chambers, Hong Kong. Co-Author of the Bermuda Chapter of the ICCA Handbook, Spitz’ Tax Havens of the World., World Arbitration Reporter and Butterworths Offshore Cases and Materials.
Chambers Global recognizes Jeffrey as a leading dispute resolution lawyer “… very well regarded for his prolific work on trusts cases and the strong telecoms’ expertise that supports his broad commercial litigation practice” and….. “a very tactically minded lawyer with a huge amount of common sense and great fun to work with.” He is also recognized as a leader in his field in The International Who’s Who of Commercial Arbitration 2018, The International Who’s Who of Business Lawyers 2018 and The International Who’s Who of Construction Lawyers 2018 and in PLC Which Lawyer 2018.Described in the Legal 500 2017 as a ‘star litigator, highly commercial and effective.’
Saul Froomkin QC, OBE has over 50 years call and has both vast and diverse experience in legal practice that makes him truly unique. He obtained both his Bachelors Degree in Law (LLB) and his Masters of Law Degree (LLM) in 1960 and 1965 respectively from the University of Manitoba. He was appointed as a Queen's Counsel in Canada in 1975 and Bermuda in 1988. He has also been admitted to practice in the United Kingdom, Anguilla, and specially admitted in Antigua, St.Kitts and Nevis. Saul was the Honorary Canadian Consul to Bermuda from 2001-2006. Prior to coming to Bermuda, Saul practiced as an advocate in Winnipeg, Manitoba, Canada for 9 years as Senior Advisory Counsel (1961 – 1969). He was also Director of Criminal Law for the Department of Justice in Ottawa, Canada between 1975 and 1978. After arriving in Bermuda, He held the post of Solicitor General from 1978 – 1981, after which he held the post of the Attorney General from 1981- 1991. After leaving government service Saul became a partner with the firm of Mello Jones and Martin (now MJM) where he was engaged in criminal, corporate, commercial and civil litigation matters to name a few. In February 2012 Saul moved on to new pastures and joined BeesMont Law (formerly ISIS Law) as a senior attorney where he continued to practice in a diverse number of areas until November 2017. Since January 2018, Saul has been working with Swan & Co. As well he served as chairman of the International Symposium on Economic Crime, Cambridge, England from 1984- 2011. In recognition of his service to the community through his legal work, Saul was awarded the Order of the British Empire (OBE) in 1998 and received the Gold Medal of Honour, Ministry of Justice, Republic of China in 2011. Further, he is a member of the following societies: Fellow, Chartered Institute of Arbitrators; Fellow, Society of Advanced Legal Studies; Fellow, American Bar Foundation and is Honorary Canadian Consul to Bermuda. Saul was appointed to the role of Professional Conduct Committee member in April 2011. His years of experience and extensive court appearances are very useful as the PCC members are regularly called upon to prosecute matters during tribunals.
Delroy Duncan is a partner of Trott & Duncan Limited. He was called to the Bermuda Bar in 1989. He obtained his Law Degree from the University of North London and his Masters' Degree in Commercial Law from the University of Guildhall. In 1984 he was called to the Bar of England & Wales as a member of Gary's Inn. Following pupillage he was taken on as a tenant in Cloisters, a set of Chambers world renowned for Judicial Review cases. There he began to enhance his general practice by extensive work with commercial contracts, intellectual property, contracts and issues relating to the incorporation of private companies. As the head of the Litigation Department, he has been involved in criminal, civil and commercial litigation. In particular, he has been involved in many judicial review cases. He is a fellow of the Chartered Institute of Arbitrators, a member of the National Bar Association of America and a member of the Association of Trial Lawyers in America. For many years, Delroy volunteered advice and legal assistance to the Methodist Church and the West Indian Association. Delroy was appointed a member of Bar Council in April 2001 and during time he serverd as a member of the Professional Conduct Committee for 7 years. Delroy was appointed as the President of the Bar Association in April of 2011 in which he served 2 years. In May of 2014, Bar Council re-appointed Delroy to serve on the Professional Conduct Committee.
Charmaine Smith is a barrister and attorney of considerable experience. She was called to both the Bermuda Bar and the Jamaica Bar in 1997 (not practicing). She has a BA from Mount Holyoke College and an LLB from the University of Buckingham. She has practiced in a variety of areas of law including criminal litigation, public law, employment and labour and trade union law and commercial litigation. She has experience in the areas of compliance/anti-money laundering, gang legislation, labour law reform, fire safety legal reform, immigration/land licences, conciliation, mediation and arbitration. She has been both Deputy Chair and Chairman of the Police Complaints Authority. She is an associate member of the Chartered Institute of Arbitrators. She is a member of the Permanent Arbitration Tribunal and the Essential Industries Disputes Settlement Board. She sits as an Acting Magistrate in the Family, Civil and Criminal Magistrates’ Courts of Bermuda. Charmaine was appointed by Bar Council to the Pupillage subcommittee in 2014/2015 and the Professional Conduct Committee in 2016. Charmaine is currently consulting with Liberty Law Chambers Limited.
Garrett Byrne is the Deputy Director of Legal Services, Policy, & Enforcement at the Bermuda Monetary Authority. Between 2012-2015 he was Senior Crown Counsel at the Department of Public Prosecutions in Bermuda and headed the Specialist Crime Unit. He obtained his Bachelor of Laws Degree from Bristol University and a Master of Laws Degree from King’s College, London University. For most of his career he was in private practice at the Bar in London with a broad practice that included property and planning, commercial disputes, environmental claims, regulatory and disciplinary matters, and white collar crime. He has particular expertise in judicial review. He sat as a member of the Bar Council (now Bar Standards Board) Disciplinary Tribunal for many years before coming to Bermuda. He sits as a Recorder in the Crown Court in the UK, and he is an Inns Of Court approved advocacy trainer. For ten years he was the Chairman of the Fulham Legal Advice Centre.
Lorren A.F. Wilson JP is a Director/Partner of Cox Hallett Wilkinson Limited and head of its Private Client Department. He received a Bachelor of Science degree from Southern Illinois University and a LLB (Hons) from the University of Buckingham. He is a former member of the Bermuda Police Service and has served as a Parliamentary Counsel in the Attorney Generals Chambers. Lorren currently specializes in commercial and residential property transactions, estate planning, wills and trusts. He has advised international organisations on the acquisition of local real estate for hotel development. He has published numerous articles and is regularly invited to speak before local real estate agencies, the Bermuda Chamber of Commerce (real estate division) and local lending institutions. He completed the Legal Practice Course at the College of Law Chester in 1999 and was admitted to the Bermuda Bar in 2000. Lorren is a Justice of the Peace, a member of the Bermuda Bar Association, an associate member of the Chartered Institute of Arbitrators, formerly chaired the Bermuda Rhodes Scholarship selection committee he currently sits as a member of the selection committee for the Human Rights Commissioners and on the Board of Education as deputy chair.
Barclay Simmons was a founding Partner of Attride-Stirling & Woloniecki in 1999. Formerly an investment banker with Goldman Sachs & Co. in New York, Barclay returned to Bermuda in 2006 as Managing Partner of ASW. Previously Chairman of the Telecommunications Commission and a Commissioned Officer in the Bermuda Regiment, Barclay is a graduate of Harvard Business School, the Royal Military Academy Sandhurst, the Inns of Court School of Law and the University of Kent at Canterbury. He currently sits on the Public Funds Investment Committee responsible for advising the Minister of Finance on the investment of Bermuda 's pension funds.