{"id":4716,"date":"2023-03-15T17:35:11","date_gmt":"2023-03-15T09:35:11","guid":{"rendered":"https:\/\/yhalaw.com.my\/?p=4716"},"modified":"2024-09-09T09:11:33","modified_gmt":"2024-09-09T01:11:33","slug":"all-advocates-and-solicitors-are-bound-to-return-the-stakeholder-sum-to-clients","status":"publish","type":"post","link":"https:\/\/yhalaw.com.my\/my\/all-advocates-and-solicitors-are-bound-to-return-the-stakeholder-sum-to-clients\/","title":{"rendered":"TORT &#8211; ALL ADVOCATES AND SOLICITORS ARE BOUND TO RETURN THE STAKEHOLDER SUM TO CLIENTS"},"content":{"rendered":"<p>B, an advocate and solicitor has failed to make payment of the stakeholder sums to A. A has asked from B for the restitution but B refused to pay him back, for the reason that he was practising as partner but not sole proprietor. In fact, B without any express power under the Legal Profession Act 1976 <strong>(\u201cLPA\u201d) <\/strong>issued the Guidelines and restricted the claims only to acts of dishonesty of advocates and solicitors who were sole proprietors. A claims for compensation from the Compensation Fund.<\/p>\n\n\n\n<p>Q: What is the purpose of the Compensation Fund?<\/p>\n\n\n\n<p>A: To mitigate the losses suffered by the member of the public ie the client of an advocate and solicitor. In our case, A, who is a client to B is entitled to claim for the compensation.<\/p>\n\n\n\n<p>Q: What does A need to prove?<\/p>\n\n\n\n<p>A: B\u2019s dishonesty act ie B refused to give back the monies to A.<\/p>\n\n\n\n<p>Q: What is the relevant regulation?<\/p>\n\n\n\n<p>A: S.80 LPA applies to all advocates and solicitors. It clearly allows A to make a claim from the compensation fund for any loss suffered by him from any dishonest act of:<\/p>\n\n\n\n<ol class=\"wp-block-list\" type=\"1\">\n<li>an advocate and solicitor, or<\/li>\n\n\n\n<li>his clerk or servant, or<\/li>\n\n\n\n<li>whether the advocate and solicitor was practising as sole proprietor or in partnership with others, or<\/li>\n\n\n\n<li>whether the advocate and solicitor had a valid practising certificate at the material time<\/li>\n<\/ol>\n\n\n\n<p>Q: Can B, without any power conferred by the authorised personnel make his own Guidelines restricting the claims only to acts of dishonesty of advocate and solicitor who is practising as a sole proprietor?<\/p>\n\n\n\n<p>A: B has in fact gone beyond the law as he has no authorisation to issue his Guidelines. As a result, his Guidelines clearly could not go against the provisions in s.80 of the Act, which will uphold him accountable to A\u2019s compensation.<\/p>","protected":false},"excerpt":{"rendered":"<p>ALL ADVOCATES AND SOLICITORS ARE BOUND TO RETURN THE STAKEHOLDER SUM TO CLIENTS<\/p>","protected":false},"author":1,"featured_media":4790,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1561,18],"tags":[],"class_list":["post-4716","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-tort","category-updates"],"_links":{"self":[{"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/posts\/4716"}],"collection":[{"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/comments?post=4716"}],"version-history":[{"count":3,"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/posts\/4716\/revisions"}],"predecessor-version":[{"id":4791,"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/posts\/4716\/revisions\/4791"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/media\/4790"}],"wp:attachment":[{"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/media?parent=4716"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/categories?post=4716"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/yhalaw.com.my\/my\/wp-json\/wp\/v2\/tags?post=4716"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}