The Supreme Court today issued a rule for the removal of a lawyer from the role 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 an attorney-at-law, namely Jayantha Attanayake and his wife, regarding a series of transactions that had taken place between October 5, 1992, and August 1, 1996, with regard to a property situated on Lauries Road, Colombo 4.
The Supreme Court issued a rule ordering the respondent lawyer’s name to be struck off the Roll of Attorneys-at-Law.
“There is no doubt that the conduct of the respondent has brought the legal profession into disrepute, and it is plainly dishonorable, 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’s three-judge bench was comprised of Justices Vijith Malalgoda, Murdu Fernando, and S. Thurairaja.
The inquiry into the complaint was commenced before the Supreme Court after it issued the rule for the alleged misconduct against both attorneys at law. However, the second respondent, the wife of Jayantha Attanayake, 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 him unfit to remain as an attorney at law.
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