A lawyer narrowly escaped being struck from the roll of legal practitioners after she dishonestly, and in contravention of the Legal Practice Act, tried to conceal her dishonest attempt at concealing an error in which she allowed a delictual claim to lapse.
After being wrapped over the knuckles with a R45 000 fine and a suspended suspension period, the Legal Practice Council (LPC) was discontent with the sanction imposed against the lawyer and sought for her to be struck from the roll of attorneys.
The judgment noted that the LPC had taken the “most crucial step of instituting this application, to champion the integrity and dignity of the legal profession”.
Judge James Lekhuleni at the Western Cape High Court, however, held that the lawyer had already learnt her lesson after “she has already paid dearly for her mistake” and said “it would be unjust to punish her further by suspending her from practice, thereby rendering her unable to continue to support herself and her family”.
In the matter of her misconduct, the lawyer failed to issue summons timeously and in her effort to correct her wrong, dishonestly informed the complainant that her claim against SAPS was settled and inquired from the complainant about the amount she would be prepared to accept to settle.
The complainant said they would accept R350 000 and the lawyer then proceeded to pay this amount to the complainant out of her pocket in instalments.
However, as the lawyer was evasive with the complainant and was, for obvious reasons, not able to provide her with documentation relating to the settlement, the complainant reported this conduct to the LPC, which subsequently investigated the matter and found her guilty of misconduct.
The Investigating Committee and the Disciplinary Committee of the LPC fined the respondent - a married mother of three minor children and the breadwinner in her household - a fine of R12 000 which was subsequently increased to R45 000 and a recommendation that the respondent be suspended from practice.
The respondent had already paid R458 000 out of her pocket for her error of judgment and remains registered with Prescription Alert.
Lekhuleni said: “The disciplinary proceedings against the respondent were instituted more than three years ago. The respondent was still young and a junior attorney when the incident happened. She had just established her own practice. She was youthful and inexperienced.
“Considering her fear of the complainant, her relative youth, and her inexperience during this critical moment should be regarded as mitigating factors deserving of understanding and compassion. Notwithstanding, the respondent has been untruthful to the complainant.
“While the untruthfulness of the complainant must be frowned upon, it must be stressed that not all forms of dishonesty warrant the removal of an attorney from practice.”