The Malaysian Bar - Summary of Orders made by the Disciplinary Board at its 157th to 161st Board Meetings

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Summary of Orders made by the Disciplinary Board at its 157th to 161st Board Meetings

Friday, 09 April 2010 11:35am

A) Fines

(157th Board Meeting)

1.	Vijendram a/l Damodharan Nair (Serial No: V/068) DB/07/3439 By ASDB Order dated 11 October 2008 the Respondent of No. 23, Jalan BK 4/3B, Bandar Kinrara, 47100 Puchong, Selangor was fined a sum of RM1,000.00 and further ordered to refund the sum of RM450.00 paid by his client to him with interest for failing to act in the best interests of his client.
2.	Yusran Bin Zain (Serial No: Y/458) DB/07/3424 By ASDB Order dated 10 October 2008 the Respondent of No. 6, Jalan Cencaru 2, Taman Permodalan, Jalan Sultanah Sambungan, 05150 Alor Setar, Kedah was fined RM3,000.00 for taking over a case from another advocate and solicitor without first obtaining consent from the previous solicitor.
3.	Lim Ping Kok (Serial No: L/1108) DB/07/3410 By ASDB Order dated 11 October 2008 the Respondent of No. 17, Tingkat Binjai 10, Taman Sri Rambai, 14000 Bukit Mertajam, Penang was fined a sum of RM1,000.00 for charging excessive fees and disbursements in connection with the preparation of a Sale and Purchase Agreement and a Loan Agreement.

(158th Board Meeting)

1.	Thean Yaw Yeong (Serial No: T/436) DC/03/0496 By ASDB Order dated 8 November 2008 the Respondent of No. 12, Jalan Ara SD7/5B, Bandar Sri Damansara, 52200 Kuala Lumpur was fined a sum of RM10,000.00 for conduct unbefitting of an advocate and solicitor in that the Respondent had released the purchase money to the donee and the creditors of the donee knowing that the donee was a bankrupt.
2.	Lawrnee a/l Gnanapragasam (Serial No: L/475) DC/07/2895 c/r IT/05/1658 By ASDB Order dated 7 November 2008 the Respondent of No. 4, Lorong Sena, Off Jalan Buloh Kasap, 85000 Segamat, Johor was fined a sum of RM13,000.00 for acting in gross disregard of his client’s interests by attesting the Complainant’s signature in a sale and purchase agreement when in fact the Complainant had not signed the agreement and for falsely affirming a statutory declaration to state his client had paid the vendor when his client had not.
3.	i) Kiang Jau Sang (Serial No: K/785) ii) Yeo Seow Suan (Serial No: Y/440) DB/07/2976 By ASDB Order dated 7 November 2008 the 1st Respondents of C 295, Sin Hoe Garden, Bukit Baru, 75150 Melaka and the 2nd Respondent of 135-A, Jalan Gajah Berang, 75200 Melaka were each fined a sum of RM500.00 for misleading the Magistrate into granting an Order exceeding the jurisdiction of the Magistrate’s Court.
4.	Wong Loke Cheng (Serial No: W/183) DB/08/3598 By ASDB Order dated 7 November 2008 after taking into account mitigating factors the Respondent of No. 33, Jalan Tempua 2, Bandar Puchong Jaya, 47100 Puchong, Selangor was fined a sum of RM500.00 for gross disregard of his client’s interests in that he lost the original strata title and letter of consent.

(159th Board Meeting)

1.	Song Teik Kim (Serial No. S/154) DB/08/3672 By ASDB Order dated 28 November 2008 the Respondent of No. 18, Jalan Bawang, Taman Cheras, 56100 Kuala Lumpur was fined RM2,000.00 for gross disregard of his client’s interests in that the Respondent had delayed the filing of the Complainant’s claim, not attending court resulting in the suit being struck out and failing to reinstate the suit which caused the Complainant to suffer loss. Although the Respondent had refunded the Complainant the fee paid of RM3,000.00 the Respondent had failed to update the Complainant on the matter and to return the Complainant’s documents.
2.	Ang Leong Ing (Serial No. A/918) DB/08/3691 By ASDB Order dated 28 November 2008 the Respondent of No. 8, Jalan Rupawan, Taman Sri Setia, 80300 Johor Bahru was fined RM500.00 for breach of the Solicitors Remuneration Order in undercharging the Complainant.
3.	i) Leong Wai Man (Serial No. L/065) ii) Leong Keng Wai (Serial No. L/1317) DB/07/3551 By ASDB Order dated 28 November 2008 the 1st Respondent of No. 48B, Jalan Bongor, Off Jalan Pasir Puteh, 31650 Ipoh, Perak and the 2nd Respondent of Unit No. C-4-2, Block C (Camellia), Damaipuri Condominium, Jalan Chin Hwa, Chateau Garden, 30250 Ipoh, Perak were, after taking into account mitigating factors, fined RM1,000.00 for gross disregard of client’s interests in that there had been long delays by the Respondents which had resulted in their Client being unable to recover the debts.
4.	Saliza Bt Salleh (Serial No. S/537) DC/06/2482 By ASDB Order dated 28 November 2008 the Respondent of No. 4, 1st Floor, Jalan Station, 86000 Kluang, Johor was fined RM15,000.00 for breach of stakeholder’s undertaking after taking into account that there was no dishonest intention on the part of the Respondent.

(160th Board Meeting)

1.	Yau Jiok Hua (Serial No. Y/010) DC/05/1455 By ASDB Order dated 12 December 2008 the Respondent of MG 7, Block M, Pangsapuri Hilir, Kota 1, Jalan Melaka Raya 23, 75000 Melaka was fined RM5,000.00 for breach of undertaking where the Respondent had failed to comply with the Court Order.
2.	Rajesh Kumar a/l S Athi Kumar (Serial No: R/489) DC/07/3318 By ASDB Order dated 12 December 2008 the Respondent of No. 25, Jalan 1/80B, (Off Jalan Medang Tanduk), Bukit Bandaraya, 59100 Kuala Lumpur was fined RM1,000.00 for failing to return the files of debt collection cases to the Complainant and for failing to give an update on the status and the progress of the files.
3.	Mohamad Razlan Bin Abdul Malek (Serial No. M/1239) DC/07/2853 By ASDB Order dated 12 December 2008 the Respondent of No. 2, Lorong Duku, Di Jalan Telok Gadong, 41100 Klang, Selangor was fined RM10,000.00 for deceiving, committing breach of trust and acting mala-fide in relation to the preparation of loan documentation for his client.
4.	Mohamad Razlan Bin Abdul Malek (Serial No: M/1239) DC/07/3278 By ASDB Order dated 12 December 2008 the Respondent of No. 2, Lorong Duku, Di Jalan Telok Gadong, 41100 Klang, Selangor was fined RM10,000.00 for failing to respond to the Complainant’s enquiries as to the status of the presentation for registration of Memorandum of Transfer and Memorandum of Charge despite the Complainant’s numerous written and verbal requests and reminders.
5.	Mohd Ali Bin Kamaruddin (Serial No. M/176) DC/05/0738 By ASDB Order dated 13 December 2008 the Respondent of No. 6, Jalan Belangkas, Kg. Pandan, 55100 Kuala Lumpur was fined RM10,000.00 for failing to honour the undertaking given to the Complainant that the Respondent would forward to the Complainant or the Complainant’s solicitor the duly executed, adjudicated and stamped Deed of Assignment, failing to respond to the enquiries made by the Complainant’s solicitors for a period of more than 2 years and failing to repay to the Complainant the sum of RM12,995.00.
6.	Naziman B Mahmud (Serial No: N/232) DC/07/3515 By ASDB Order dated 13 December 2008 the Respondent of No. 5, Jalan Permai 1, Taman Sena Indah, 01000 Kangar, Perlis was fined RM20,000.00 for gross disregard of his client’s interests under S.94 (3) (n) of the LPA 1976 in that he had effected a transfer of the subject property to the purchasers without ensuring that the owners had been paid the purchase price thereby causing loss to them.
7.	i) Wan Rosli Bin Wan Othman (W/436) ii) Wan Roslan Bin Wan Othman (W/382) DC/07/3480 By ASDB Order dated 12 December 2008 the 1st Respondent of Lot 2331, Jalan Sekolah, Kampung Kelulut, 21600 Marang, Terengganu and the 2nd Respondent of Lot 2332, Jalan Sekolah, Kampung Kelulut, 21600 Marang, Terengganu were fined RM3,000.00 and RM10,000.00 respectively for practising without valid Practising Certificates and having during that period prepared a Sale and Purchase Agreement for the sale of a property. The ASDB found that although both Respondents were practising without a valid Practising Certificate for the year 2007, it was the 2nd Respondent who had undertaken the preparation of the sale and purchase agreement.

(161st Board Meeting)

1.	Ng Poh Thiem (Serial No. N/743) DB/08/3745 By ASDB Order dated 9 January 2009 the Respondent of No. 20, Jalan 4/8, Bandar Country Homes, 48000 Rawang, Selangor was fined RM1,000.00 for acting in gross disregard of his client's interests in a Sale and Purchase transaction in which he failed to attend diligently to the work at hand despite repeated promises to the client.
2.	Koay Say Loke, Andrew (Serial No: K/353) DB/08/3721 By ASDB Order dated 9 January 2009 after taking into account the mitigating factor the Respondent of No. 43, Jesselton Crescent, 10450 Penang was fined RM1,500.00 for misconduct arising from breach of an undertaking in a Sale and Purchase transaction.
3.	Raja Singam Velu (Serial No: R/369) DB/08/3571 By ASDB Order dated 9 January 2009 the Respondent of No. 8, Block K, Riverdale Apartment, Bukit Antarabangsa, 68000 Ampang, Selangor was fined RM7,500.00 for acting in gross disregard of his client’s interests in failing to attend Court resulting in the suit filed by the Complainant being struck out. The Respondent further delayed in filing an application for reinstatement of the suit for 2 years without valid reasons.
4.	i) Subramaniam a/l Paramasivam (Serial No. S/469) ii) Norita Binti Haji Azmi (Serial No. N/303) DC/04/0285 By ASDB Order dated 9 January 2009 the 1st Respondent of No. 81, Jalan Bandar Baru Tambun, Bandar Baru Tambun, 31400 Ipoh, Perak and the 2nd Respondent of No. A-8-3, Block A, Menara Duta 2 Condo, Jalan 1, 38B, Segambut Dalam, 51200 Kuala Lumpur were each fined RM1,000.00 for issuing client’s account cheque to the Timbalan Pemungut Duti Setem which was dishonoured on presentation. The Board found further aggravating circumstances namely inordinate delay in replacing the dishonoured cheque and in replying to the Bar Council when first informed of the complaint vide its letter dated 17th February, 2004.
5.	Zahran Bin Abdullah (Serial No. Z/119) DB/08/3688 By ASDB Order dated 10 January 2009 the Respondent of No. 197, Kampong Gak Kapur, Jalan Kampong Cina, 15350 Kota Bharu, Kelantan was fined RM1,000.00 for breaches of Order 3(a), 3(c), 3(d), and Order 7 of the Solicitors Remuneration Order in failing to bill for subsidiary instruments and incorrect billing of professional charges and disbursements in contravention of S.94(3)(k) and (o) of the Legal Profession Act 1976. The ASDB took into account that the Respondent's actions were genuine mistakes occasioned by inexperience and were not deliberate.

B) Suspension

(160th Board Meeting)

Mohamad Razlan Bin Abdul Malek (Serial No: M/1239)
DC/07/2849

By ASDB Order dated 13 December 2008 the Respondent of No. 2, Lorong Duku, Di Jalan Telok Gadong, 41100 Klang, Selangor was ordered to be suspended from practice as an Advocate and Solicitor for nine (9) months effective 21 days from the date of the Order for failing to attend to the Complainant’s refinancing application despite having received fees of RM2,085.70 from the Complainant. The Respondent was further ordered to refund the sum of RM2,085.70 to the Complainant.

Mohamad Razlan Bin Abdul Malek (Serial No: M/1239)
DC/07/3293

By ASDB Order dated 13 December 2008 the Respondent of No. 2, Lorong Duku, Di Jalan Telok Gadong, 41100 Klang, Selangor was ordered to be suspended from practice as an Advocate and Solicitor for nine (9) months effective 21 days from the date of the Order for failing to attend to the Complainant’s loan documentation despite having received fees of RM2,200.00 from the Complainant. The Board further ordered the Respondent to refund the sum of RM2,200.70 to the Complainant.

C) Struck Off the Roll of Advocates and Solicitors

(157th Board Meeting)

1.	Mohd Yazli B. Yaacob (Serial No: M/486) DC/05/0933 By ASDB Order dated 11 October 2008 the Respondent of No. 1, Jalan PJU 3/20F, Damansara Indah Resort Homes, 47410 Petaling Jaya, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for abusing his position as an advocate and solicitor in that he secured the execution of a charge by the Complainant by misrepresentation and deception; and further misappropriating part of the loan amount granted to a 3rd party.
2.	Jefrizal Bin Mohd Jaafar (Serial No: J/273) DC/05/1251 By ASDB Order dated 11 October 2008 the Respondent of No. 1368, Batu 1 ½, Sijangkang Telok Panglima Garang, 42500 Banting, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for failing to release the stakeholder sum of RM180,470.80 to the Complainant.
3.	Rodziah Binti Abdul Rahman (Serial No: R/628) DC/07/2863 By ASDB Order dated 11 October 2008 the Respondent of No. 12, PSRN Ser 2/13, Bandar Putra Bertam, 13200 Kepala Batas, Penang was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for :- (i) preparing a Power of Attorney without the instruction or consent of the registered owner. (ii) preparing a 2nd Sale and Purchase Agreement (SPA) for a higher consideration when the 1st SPA was still subsisting; (iii) receiving RM60,000.00 under the 1st SPA and RM178,094.00 under the 2nd SPA respectively.
4.	Dato’ Daud B Daros (Serial No: D/036) DC/07/2803 By ASDB Order dated 11 October 2008 the Respondent of No. 98, Jalan 14, Taman Ampang Jaya, 68000 Ampang, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for failing to pay the stakeholder sum to the Complainant despite extensions of time to do so.

(158th Board Meeting)

Norizam Bin Ahmad (Serial No: N/577)
DC/06/2490

By ASDB Order dated 7 November 2008 the Respondent of No. 9, Jalan 2/12, Taman Seri Kluang, 86000 Kluang, Johor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for cheating the Complainant into parting with RM127,000.00 on the pretext that the Respondent would pay the money to the Bank/Court to enable the Complainant to secure the auctioned property.

(160th Board Meeting)

Wan Mohd Rashidi Bin Wan Yahaya (Serial No: W/207)
DC/07/3483

By ASDB Order dated 13 December 2008 the Respondent of No. 35, Lorong Beluntas Satu, Medan Damansara, 50490 Kuala Lumpur was ordered to be struck off the Roll of the Advocates and Solicitors effective 21 days from the date of the Order for being in breach of his undertaking to the Complainant to return the stakeholder sum in the event of the determination of the Share Sale Agreement.

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