Lawyer disbarred by Supreme Court For professional misconduct

• There is no doubt that the conduct of the respondent has brought the legal profession into disrepute

By Lakmal Sooriyagoda

The Supreme Court yesterday issued a rule for the removal of a lawyer from the position of an Attorney-at-Law after he was found guilty of professional misconduct.

 Dr. Lakshman Lucian de Silva Weerasena a Medical Practitioner by profession had complained to the Registrar of the Supreme Court by way of an affidavit against the Attorney-at-Law namely Jayantha Attanayake and his wife regarding a series of transactions, that had taken place between 05.10.1992 and 01.08.1996 with regard to a property situated at Lauries Road, Colombo 04.
The Supreme Court issued a rule ordering the respondent lawyer’s name to be struck off the Roll of Attorney-at-Law.
“There is no doubt that the conduct of the respondent has brought the legal profession into disrepute and it is plainly dishonourable, disgraceful, and unworthy of an Attorney-at-Law. Hence, it is clear that the respondent has also breached Rules 60 and 61 of the Supreme Court (Conduct and Etiquette for Attorney-at-Law) Rules 1988”, the Supreme Court held.

The Supreme Court three-judge-bench comprised Justices Vijith Malalgoda, Murdu Fernando and S. Thurairaja.
The inquiry into the complaint was commenced before the Supreme Court after issuing the rule for the alleged misconduct against both Attorneys at Law. However, the second respondent, the wife of Jayantha Attanayake had passed away during the pendency of the proceedings.

It was alleged that two respondents had fraudulently attested five deeds with the intention of depriving the lawful heirs of the Estate of the late Agnes Georgiana Fonseka, the owner of the property, who died intestate.
It was alleged that the first respondent had committed malpractice within the ambit of section 42 (2) of the Judicature Act No 2 of 1978 which renders, unfit to remain an Attorney at Law. 

• It was alleged that two respondents had fraudulently attested five deeds with the intention of depriving the lawful heirs of the Estate of the late Agnes Georgiana Fonseka, the owner of the property