The Malawi Law Society (MLS) has found private practicing lawyer Silvester Ayuba James guilty of embezzling a client’s money contrary to the legal professional’s dictates.
Meanwhile, MLS disciplinary committee has resolved to recommelnd to the Chief Justice James be struck off the roll of legal practitioners in accordance with Section 96(1)(a) of LELPA.
James was being accused of embezzling money and failure to provide competent representation to his client, Billy Matitha Gama.
“The Disciplinary Committee, therefore found that you deposited client’s money in your personal account and failed to open a client account contrary to section 36(1) of the LELPA, you embezzled client’s money contrary to section 89(2) (m) of the Legal Education and Legal Practitioners Act (LELPA) and you engaged in personal or professional conduct that brought the discredit to the profession contrary to Chapter 3 rule 1 of the Code of Ethics.
“You engaged in misconduct that brought the profession of the law into disrepute contrary to Sections 89(2)() of the LELPA and you failed to timely respond to the Society’s communication dated 28th November, 2022 that contemplated a reply contrary to Chapter 3 rule 3 of the Code of Ethics,” reads part of the findings
Among others, the Committee, therefore, resolved that it should advise the Director of Public Prosecutions (DPP) to institute criminal proceedings against you for embezzling client’s money in accordance with section 96(1)(e) of the LELPA.
“You should refund K11,300,000.00 to Mr Gama and pay Two Hundred Forty Thousand Kwacha (K240,000.00) to the Malawi Law Society being costs of the disciplinary proceedings in accordance with Section 96(2)(a) of the LELPA,” reads the findings.
James was engaged by Gama to represent him in a civil matter where he was sued by one of his suppliers and he advised him to deposit K60,000,000.00 into the lawyer’s personal account while waiting for reconciliation with the supplier.
“Mr Gama states that while he was waiting for the reconciliation, he withdrew K29,000,000.00 through you. Mr Gama states that after sometime, he was informed that there was a ruling from the court and that he should pay the supplier K46,000,000.00. He was further told to write a cheque to Kawelo Lawyers, the supplier’s lawyers. It is at this point that he asked you to deposit the balance to his bank account.
“Mr Gama alleges that you told him that you had made a mistake and deposited K11,000,000.00 to Kawelo Lawyers instead of his account. From the above account, it is alleged that you still had K20,000,000.00 from the K60,000,000.00 and this was meant for Nail Teck (K5,900,000.00), Aluminium Plus (K7,300,000.00) and the balance for himself, however, you did not pay them.
“He further alleges that he engaged you to represent him in court and due to your conduct and failure to carry out instructions, a default judgment was entered against him,” reads part of the summon.
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