Lawyer Divendra Prasad guilty of professional misconduct

Lawyer Divendra Prasad has been found guilty of one count of professional misconduct and one count of unsatisfactory professional conduct by the Independent Legal Services Commission.

Commissioner John Connors found Prasad guilty for the two counts while six other complaints against him were dismissed by the commission.

The commission heard that Divendra Prasad, since the 6th of September, 2010, was instructed by a Sashi Raj to institute proceedings for damages in a personal injury matter as a result of the injuries Raj sustained following a motor vehicle accident which occurred on March 25th, 2009.

Prasad has been found guilty after it was ascertained that Prasad acted without instructions from his client when he wrote to the solicitors for the defendant’s and proposed the settlement of the matter.

Prasad has been found guilty of one count of unsatisfactory professional conduct after it was alleged by the complainant, Sashi Raj that Prasad failed to keep him informed of the conduct of the proceedings.

The complaint highlighted that Raj on the 20th of November 2009 executed a fee agreement with lawyer Divendra Prasad which provided that the disbursements would be paid from any settlement and that Prasad would be paid 30 percent of the total settlement figure plus VAT or such other fees maybe agreed to between the parties.

It is noted that the lawyer made a claim for damages from the insurance company for $33,000 and the lawyers for Sun Insurance offered to settle the matter for $20,000.

Raj denied that he was told that the matter was to be settled for $20,000 and that he gave no instructions about it.

Raj, who is now a resident of the Samabula Old People’s Home after being discharged from hospital, said he was given a cheque of $3,000 but he never received the full settlement money.

Prasad said Raj wanted him to retain the money and pay it to him when he requested for more money.

Prasad said payments were made to Raj each time a request was made and this was acknowledged by Raj during the commission hearing.

Commissioner Connors is expected to deliver the sentence at a later date.


Story by: Vijay Narayan