The Independent Legal Services Commission has sent out a clear message to legal practitioners in Fiji that unprofessional conduct will not be tolerated as he ordered a public reprimand and a $15,000 fine against Suva Lawyer Hamendra Nagin this morning.
On May 7th this year, Nagin was found guilty by the Commission of two charges of unprofessional conduct and he admitted a third count relating to where Nagin acted for the vendor, purchaser, mortgagee and real estate agent in transferring a property from one owner to another.
Commissioner John Connors noted that the transaction had a most unsatisfactory outcome for the complainants in the case as they are being sued by the real estate agent for commission on what was an artificial sale price and will cost them $15,000 in legal costs.
Connors said lawyers owe a fiduciary duty to give undivided loyalty to their clients, which cannot be fulfilled if that duty is owed to two or more parties which interests, are in opposition.
He also said that it is unfortunate that the practice of acting for multiple parties has been accepted as appropriate in Fiji for many years which can be seen to be most inappropriate.
Commissioner Connors said the Commission is not for the purpose of fundraising and it is appropriate that a penalty should benefit those that suffer as a result of the unsatisfactory professional conduct.
He said the Commission's role is to protect the members of the public from misconduct by lawyers and to protect the integrity of the professional.
He ordered that Nagin is publically reprimanded, and is to pay $15,000 to the complainants in the case within 28 days, failing which his practicing certificate would be suspended until the money is paid in full.
Story by: Roneel Lal
