Source: Straits Times
Article Date: 26 Nov 2024
Lawyer Joseph Chen has been struck off the rolls for professional misconduct relating to two separate cases in which he acted for migrant workers who were seeking compensation for workplace injuries.
In one case, Mr Chen entered into a settlement agreement without the client’s knowledge and consent, and used the $6,000 settlement sum he received to pay his firm’s fees and his employees.
In the other case, Mr Chen’s inaction for nine months caused the client’s lawsuit to be automatically discontinued.
The striking-off was handed down on Nov 25 by the Court of Three Judges, which has the power to suspend or disbar errant lawyers.
The court, led by Chief Justice Sundaresh Menon, said it will give written reasons at a later date.
Mr Chen, who was called to the Bar in 1998, was the sole proprietor of Joseph Chen & Co.
In 2016, the lawyer was hired by Mr Jony Advaita Sarkar, who was injured on April 6 that year while working for his then employer, GSI Offshore.
The Bangladeshi national was struck by a large metal pipe on the premises of Dyna-Mac Engineering Services and fell backwards. He was given about 70 days’ medical leave and suffered a 2 per cent permanent disability.
Mr Jony returned to Bangladesh in August 2017, after appointing the law firm to act for him and signing a power of attorney that allowed Mr Chen to act on his behalf.
In November 2017, the firm filed a lawsuit against GSI Offshore and Dyna-Mac on Mr Jony’s behalf, claiming damages of at least $172,070.63.
The suit was settled in late 2018. Under the terms of the settlement, Mr Jony was to receive the total sum of $11,000, with $6,000 to be paid by Dyna-Mac and $5,000 to be paid by GSI Offshore.
The cheque for $6,000 issued by Dyna-Mac was eventually used to pay the law firm’s fees and expenses, and to reimburse two employees.
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