
Following a plea of guilty before the Supreme Court to a charge of professional misconduct, the Supreme Court yesterday (19) ordered the release of a lawyer with a stern warning. The court sternly warned the lawyer to refrain from conduct that undermines the integrity of the legal profession and the administration of justice, and to act with greater caution in the future.
The charge stemmed from a case heard in the Kaduwela District Court, where the lawyer who had signed a land transfer deed challenged by the plaintiff, also appeared as counsel for the first and second defendants in the same case, which led to this issue. It was revealed that Supreme Court Rule No. 12 explicitly prohibits a lawyer from undertaking professional work in a case where there are reasons to believe they may be required to appear as a witness.
The respondent lawyer was accused of acting in a dual role as both counsel and a potential witness. When the case was called, the legal team appearing for him informed the court that their client wished to withdraw his previous plea of not guilty and admit his guilt. Considering the facts presented, the three-member Supreme Court bench, comprising Justices Shiran Gooneratne, K. Priyantha Fernando, and Sampath Wijeratne, determined that the nature of the incident was not serious enough to warrant the suspension of the lawyer's services or his removal from the roll of attorneys.
Justice Shiran Gooneratne, in his observations, stated that the lawyer's sincere admission of guilt and unconditional apology to the court demonstrated his remorse and willingness to take responsibility.
Accordingly, the court released him, instructing him to act with utmost responsibility in the future so as not to harm professional ethics or the administration of justice.
The court also ordered the Registrar of the Supreme Court to make relevant entries in the roll of attorneys, as this incident serves as a reminder to not only the respondent but to all legal professionals of the importance of strictly adhering to ethical conduct. This process, which began following a complaint lodged by the plaintiff in the Kaduwela District Court case with the Chief Justice, involved the issuance of a rule against the lawyer under Section 42(2) of the Judicature Act No. 2 of 1978.
President's Counsel Kuvera de Zoysa and Attorney Sanjana de Zoysa appeared for the respondent lawyer, while Additional Solicitor General Viveka Siriwardena and Senior State Counsel Sabrina Ahmed appeared for the Attorney General. Attorney Harith de Mel appeared for the Bar Association of Sri Lanka.
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