| Summary of Orders made by the Disciplinary Board at its 179th Board Meeting |
| Friday, 24 February 2012 04:13pm | |
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FINES 1. i) Mr. Dass K S (Susulin @ M Siladoss) (Serial No. S/089) ii) Cik Azlinda Bt Zakariah (Serial No. A/211) DC/05/1553 By ASDB Order dated 19 March 2010, the 1st Respondent of No.21, Jalan Perwira 1, Taman Titiwangsa, 86000 Kluang, Johor Darul Takzim and the 2nd Respondent of No. 13, Jalan Platinum 7/43, Platinum Houses, Seksyen 7, 40000 Shah Alam, Selangor Darul Ehsan were each fined RM5,000.00 for failing in their duties and responsibilities to ensure that the Complainant was properly advised by an advocate and solicitor in connection with the Complainant’s claim; the Respondent allowed a clerk/office manager to handle and attend to the Complainant’s claim and to run their branch office in Petaling Jaya without any supervision by an advocate and solicitor. 2. Mr. Teh Hock Kee ( Serial No. T/128) DC/09/4543 By ASDB Order dated 19 March 2010, the Respondent of No.6, Solok Seraya, Taman Pelangi Indah, 41200 Klang, Selangor Darul Ehsan was ordered to refund the stakeholder sum of RM93,721.40 and the legal fees of RM10,000.00 to the Complainant. The Board has further ordered the Respondent to be struck off the Roll of Advocates and Solicitors effective 21 days from 19 March 2010 as the Board found that the Respondent is guilty of Criminal Breach of Trust for failing to refund to the Complainant the sum of RM93,721.40 held by him as stakeholder and had acted dishonestly. Being suspended from practice as an advocate and solicitor, the Respondent had also acted illegally for the Complainant in the sale and purchase transaction of the Complainant’s property in breach of the Legal Profession Act, 1976. 3. En. Munawar Bin Hamim (Serial No. M/662) DC/05/0663 By ASDB Order dated 19 March 2010, the Respondent of No 20, Lorong 1/B, Taman Sri Mewah, Batu 2 1/2, Jalan Kota Raja, 41000 Klang, Selangor was fined RM5,000.00 for acting for a developer who did not have the necessary licences and for drafting the impugned sale and purchase agreements thereby causing losses to the Complainants. 4. Mr. Teoh Tai Eak (Serial No. T/676) DC/05/1174 By ASDB Order dated 19 March 2010, the Respondent of No. 68A, Jalan Mutiara 2/5, Taman Mutiara Indah, 08000 Sungai Petani, Kedah was fined RM8,000.00 for acting in gross disregard of the Complainant’s interest in that the Respondent had willfully neglected to respond to the Complainant or the Complainant’s solicitors’ numerous letters and request for a return of the original document of title and the charge documents and further failed to register the charge resulting in the Complainant being prevented from taking any action against the borrower. Instead, the Respondent had promised to pay the Complainant either as part settlement of the outstanding amounts due or to settle the outgoings due on the land, but failed to make any such payment. 5. En. Azmi B. Juewani (Serial No. A/445) DC/08/4444 By ASDB Order dated 19 March 2010, the Respondent of No,72, Jalan Kelapa Sawit, Taman Soga, 83000 Batu Pahat, Johor was ordered to refund the legal fees to the Complainant in the sum of RM12,000.00 and was further ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from 19 March 2010 in that despite having received fees from the Complainant to handle his son’s case, the Respondent did not appear in Court and did not renew his practicing certificate, resulting in the Complainant not only losing his monies to the Respondent but could not afford to appoint a new counsel as he being a pensioner had fully utilized his life saving to pay the Respondent, resulting in the Complainant’s son convicted for the charge and sentenced to be hanged. 6. Mr. Tan Wai Meng (Serial No. T/475) DC/05/0842 By ASDB Order dated 20 March 2010, the Respondent of No. 52, Jalan 21-26, Seapark, 46300 Petaling Jaya, Selangor was after taking into account mitigating factors suspended for six (6) months from practice as an advocate & solicitor effective 21 days from 20 March 2010 for deliberately breached the irrevocable undertaking that he has given to the Complainant’s company by failing to refund the sum of RM1 million to the Complainant when the share sale agreement was terminated as he had released the said sum earlier to his own client, the vendor with the belief that his client would repay the sum when it was due to the Complainant. Further, the Complainant had been put to costs and time in filling a legal suit to recover the monies. 7. Mr. Balaguru a/l Thiagarajah (Serial No. B/091) DB/09/4693 By ASDB Order dated 20 March 2010, the Respondent of No. 5, Jalan Mentakab, Off Persiaran Titiwangsa 3, 53200 Kuala Lumpur was fined RM3,000.00 and further ordered to refund to the Complainant the legal fees in the sum of RM3,000.00 for acting in gross disregard of his client’s interest in that despite having received legal fees from the Complainant to handle the Complainant’s divorce case, he failed to inform the Complainant of the progress of his case despite the Complainant’s letters and had since could not be reachable. 8. Mr. Gunapati Suppiah (Serial No. G/149) DC/05/0733 By ASDB Order dated 20 March 2010, the Respondent of No. 14, Aras 3, Jalan Titiwangsa, Taman Tampoi Indah, 81200 Johor Bahru, Johor was after taking into account mitigating factors suspended for 3 years from practice as an advocate and solicitor effective 21 days from 20 March 2010 for without any valid reasons failed to:- a) render a proper detailed Bill of costs to the Complainant; b) file a Notice of Taxation and Bill of Costs; and c) account for the monies received from the Defendant being the claims money and agreed party to party costs in respect of the Complainant’s claims for the recovery of liquidated damages for late delivery of a property. 9. Mr. Govindarajoo a/l R Muniandy ( Serial No. G/135) DC/03/0003 By ASDB dated 20 March 2010, the Respondent of 82 Taman Baru, Seberang Jaya 13700, Seberang Prai Penang was fined RM2,000.00 for unilaterally deducting from the judgment sum that he received, his legal fees and personal loan without his client’s written agreement and without taxing his legal costs in breach of Rule 7(a)(v) of the Solicitors Account Rules 1990, therefore being guilty of S.94(3)(c),(k),(m) and (o) of the Legal Profession Act, 1976.
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