This Pandora's Box threatens
to stay open
Thursday October 11, 2007
Leong Wee Keat
[email protected]
TODAYonline
THE spectre of mounting legal costs is looming once again for
primary school teacher Jonathan Lock (picture), who is suing his
former lawyer, Mr Andrew Ha-nam, for inadequate professional
services. But this time, a wiser Mr Lock is determined not to get
into any complicated legal tangle.
He has applied to the High Court to postpone his civil suit against
Mr Hanam, pending the outcome of an inquiry by the Law Society into
the conduct of the lawyer.
Mr Lock hopes to use that outcome to bolster his claim against Mr
Hanam.
The lawyer had represented Mr Lock in an accident claim which,
after a protracted legal struggle, ended in the Court of Appeal
last week. The three-judge court, chaired by Chief Justice Chan Sek
Keong, was aghast at how a simple accident claim involving $188 had
escalated to a legal bill of $120,000 for Mr Lock.
The judge had blamed the lawyers involved for taking matters so
far, instead of accepting the mediation settlement. He directed the
Law Society to look into whether Mr Hanam should be investigated
for a "possible breach of his professional duties" and for exposing
Mr Lock to "unnecessary monetary risks and adverse legal
consequences".
In yesterday's court hearing, Mr Ha-nam made an application to sue
for defamation, which Mr Lock's lawyer, Mr Joseph Chen, countered
with another application to strike out the counterclaim.
Mr Chen told Today that his client wanted to postpone his civil
suit to avoid adding to legal costs.
He said: "He wants to close the Pandora's box. If the civil suit
languishes in the court, he would have to pay some legal costs
regardless of whether he wins or loses."
He added that the Law Society inquiry would require a higher burden
of proof from the parties concerned compared to a civil suit
while not adding more costs to his client.
Court proceedings yesterday were adjourned to a special session
next Wednesday.
http://www.todayonline.com/pda/216072ag.htm