Commissioner of the Independent Legal Services Commission John Connors has found Suva lawyer Nilesh Lajendra not guilty on charges of unsatisfactory professional conduct brought against him by the Chief Registrar Ana Rokomokoti.

It was alleged that in February 2009, Lajendra failed to carry out his duties competently and diligently after he refused to release $30,000 held in the Lajendra Law Trust Account from a client who he represented earlier.

The Civil High Court earlier ordered that $30,000 be deposited in Lajendra Law Trust Account after a successful application on behalf of one Attendra Singh against Chinese construction company COVEC as a retainer until the case is properly dealt with.

Following that Lajendra withdrew as counsel for the complainant who was still pursuing COVEC through another lawyer and then filed a complaint against Lajendra alleging that he refused to release the funds held in his firms trust account.

Commissioner Connors stated that the allegations against Lajendra do not contend that he overcharged the Complainant for any work that he did for him.

He ruled that not only is Lajendra entitled to retain the sum of $30,000 in his trust account by virtue of his lien, which is the right in one to control or hold and retain the property of another until some claim of the former is paid or satisfied, but he has no authority to pay it out as no request has been made in accordance to section 9 of the Trust Accounts Act.

Connors states that it is clear that Singh has received unsatisfactory result in his attempt to recover money's allegedly owed to him by COVEC but it is equally clear that Lajendra has not acted in such a way as to be quality of unsatisfactory professional conduct with respect to the complaints filed against him.