Convey Tutorial 1 Script for the first issue PDF

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Summary

The question is a problematic questions comes out with a few issue. Here is the first issue for the answer....

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The first issue is whether Bank Kaya Berhad can take legal action against Ms. Sweetie for professional negligence? According to the Section 88A of the Legal Profession Act 1976 (LPA), it states that a breach of stakeholder duties will certainly result on a charge of misconduct and may then result in suspension of the advocate and solicitor. Besides, Section 94(3)(k) of the LPA also states that “misconduct” means conduct or omission to act in Malaysia or elsewhere by an advocate and solicitor in a professional capacity or otherwise which amounts to grave impropriety and includes the breach of this Act or of any rules made thereunder or any direction or ruling of the Bar Council. The punishment for the misconduct is provided under the Section 94(2) of LPA which states that any advocate and solicitor who has been guilty of any misconduct shall be liable to be struck off the Roll or suspended from practice for any period not exceeding five years or ordered to pay a fine or be reprimanded or censured, as the case may be. Section 94(4)(a) of LPA, it states that if advocate and solicitor had been found guilty at the court of law of any offence involving dishonesty, misuse or misappropriation of any money or property of a client or of any other person, then the Bar Council may apply to the Disciplinary Board for an order suspending such as advocate and solicitor from further practice. In the case of Ng Siew Lan v John Tsun Vui & Anor, where the court in this case held that the standard expected of a solicitor would be what is expected of a reasonably competent solicitor having regard to the standards normally adopted in the profession. In the case of Neogh Soo Oh v G Rethinasamy, it states that a solicitor’s duty is to use reasonable care and skill in giving

advice and taking action based on the facts of particular case. The duty of a solicitor includes to ensure that all the land transactions documents are properly prepared and to carry out through inquiry.

In our situation, Ms. Sweetie is the solicitor representing Bank Kaya Berhad. So, she has the duty to make sure that there is a charge created over the Ms. Cute’s land as instructed. She need to follow the procedure prescribed by the National Land Code to conduct the charge. It was also her duty to always double check whether the charge has been correctly and successfully registered at land registry before she sign any letter of advice in order to protect interest of the Bank Kaya Berhad. However she failed to do so and caused Mr.Mimpi has the chance to made those fraud and mistakes. So, this clearly shows that Ms. Sweetie had did the misconduct and negligence towards Bank Kaya Berhad.

By applying the cases, Ms Sweetie as a solicitor, she owes a reasonable care and skill to Bank Kaya Berhad. However, Ms Sweetie fail to perform reasonable duty of care towards her client, and due to her unprofessional, it caused damage to the Bank Kaya Berhad. Hence, Ms Sweetie is liable to be struck off the roll or suspended from practice for any period not exceeding 5 years or ordered to pay a fine or be reprimanded or censured as provided under the Section 94(2) of LPA.

In conclusion, Ms. Sweetie is liable for professional negligence because she did not perform her duty to ensure the charge has been fully registered and caused damage to Bank Kaya Berhad. Bank Kaya Berhad can take legal action against Ms. Sweetie for professional negligence....