Is there a conflict of interest where a lawyer had witnessed the execution of an agreement and subsequently acted in a matter which breaches the said agreement?
Case:
SYED AHMAD IMDADZ SAID ABAS v. IMEJ MUHIBAH SDN BHD; MAJLIS PEGUAM MALAYSIA (INTERVENER) [2021] 1 LNS 477
Brief Facts:
HIGH COURT DECISION – APPEAL DISMISSED IN PART!
- The High Court dismissed the appeal in part where it agreed with the finding of liability of the DC. There were evidence to show that the Lawyer’s involvement went beyond that of mere attestation or witnessing of the JVA and PA.
- Therefore, the Lawyer had acted in conflict of interest and the attempt to cover up the same is conduct unbefitting that of an advocate and solicitor.
- However, the court was of the view that the DB ought to have notified the Lawyer of its intention to impose a punishment or penalty that is likely to be adverse against him and given him a reasonable opportunity to be heard to defend himself against the proposed punishment.
- Therefore, the order of punishment of the DB is set aside with the matter to be remitted back to the DB for the DB to give the Lawyer a reasonable opportunity to be heard before it makes an order that is likely to be adverse against the Lawyer.
Leave a Comment