A CRIMINAL lawyer was handed a one-year suspension on Thursday for putting himself in a position of conflict of interest and failing to act in the best interests of his client in a property deal.
'It's a case where a solicitor has failed to measure up to the standard expected of him. In a situation like this, he should have given his client independent advice,' said Judge of Appeal Chao Hick Tin, giving the decision of the Court of Three Judges.
Mr Uthayasurian Sidambaram, a lawyer for 17 years, had acted for six parties to develop a Tanglin Hill property owned by the Brunei government.
One of the clients, Mr Satinder Singh Garcha, paid $1 million upfront to Mr Uthayasurian's firm to secure the project in May 2006. He also authorised a certain Mr Louis Ang to distribute the money.
Mr Singh did not know then that Mr Ang was an undischarged bankrupt.
By the following month, only $50,000 remained of the $1 million, the rest paid out to various parties who were not involved in the project. This included $100,000 paid to Mr Uthayasurian's firm as legal fees.
When he learnt of this, Mr Singh changed lawyers, revoked Mr Ang's authority and complained to the Law Society about Mr Uthayasurian.
An independent disciplinary committee was appointed by the Chief Justice in March last year to investigate.
The committee found that he had breached rules of professional conduct. On Thursday, the court affirmed the committee's determination that the lawyer should be disciplined.
In the light of Mr Uthayasurian's undertaking to return the $100,000, the court imposed a one-year suspension.