Lawyer disenrolled for failing professional duties, ordered to return Rs.3 Mn legal fees

By Lakmal Sooriyagoda  

The Supreme Court yesterday issued a ruling to remove a lawyer from the position of Attorney-at-Law for failing to take necessary steps in two cases after receiving legal fees.   
A Supreme Court three-judge bench, comprising Justices S. Thurairaja, Kumuduni Wickremasinghe and Achala Wengappuli, observed that the respondent attorney has acted in a manner unbefitting of an Attorney-at-Law and the allegations levelled against him are well founded.   
Meanwhile, the respondent lawyer was ordered to return Rs. 3 million within three months from the date of this to the complainant, a Buddhist monk.  
Ven. Wellawe Sri Chandananda Thera of Ullalapola Sri Sugathawanarama Purana Viharaya, Divulapitiya, lodged a complaint against Attorney-at-Law Sarath Wijesiri De Silva, who was required to appear in two land cases before the District Courts of Kurunegala and Minuwangoda. It is alleged that the respondent lawyer failed to take necessary steps in these cases, resulting in multiple postponements by the District Courts.  
It was further alleged that the respondent lawyer had obtained Rs.4.45 million on several occasions to represent the complainant in Court and to attend to all professional matters in connection with two cases.  
The rule alleged that the respondent, being an Attorney-at-Law, had not exercised skill and due diligence in the best interest of his client, particularly in filing pleadings and appearing on behalf of his client. It further alleged that the respondent failed to appear and take steps in these two cases, and did not return the complainant’s original documents relevant to the cases.  
It was alleged that the respondent had committed malpractice within the ambit of section 42 (2) of the Judicature Act No 2 of 1978 which renders, unfit to remain as Attorney at Law and committed breach of rules 15, 60 and 79 of the Supreme Court (Conduct of and Etiquette for Attorneys-at-Law).  
Senior Counsel Nagitha Wijesekera appeared for the respondent. Rohan Sahabandu, PC while Chathurika Elvitigala appeared for the Bar Association of Sri Lanka. Senior State Counsel Nayomi Kahawita appeared for the Attorney-General.