Court suspends lawyer for 16 months over client’s money
What you need to know:
- In addition, the committee found that the appellant [Nangumya] did not inform the first respondent [Tumwine] that he had received his money.
- The Judges ruled that Nangumya had failed to demonstrate to the Law Council and in their court in any way that he informed or remitted the said money to Tumwine.
The High Court has upheld the decision by Uganda Law Council to suspend prominent lawyer Geoffrey Nangumya from practice for 16 months and get him to refund client’s money he recovered and used for personal interests.
In July 2018, the Law Council, the professional regulator of lawyers, suspended Nangumya after he confessed recovering money on behalf Emmy Tumwine and instead of conveying to him, pocketed it.
High Court Justices Henrietta Wolayo, Lydia Mugambe and Musa Ssekaana on Friday dismissed Nangumya’s appeal saying the Law Council rightly found his conduct unbecoming of an advocate and amounted to professional misconduct under Regulation 31 of the advocate’s professional conduct.
“Moreover, by the Committee [Law Council] requiring the Appellant to remit Shs59.m, the money he received less the taxed costs amount, we consider that the Committee acted reasonably and without error in law or fact,” the three judges ruled.
“This court also considers that the Committee properly addressed the issue of the consent judgment in the matter in the High Court and finds no error,” they added.
Nangumya’s troubles stem from a petition that city businessman Tumwine filed at the Law Council, accusing the seasoned lawyer of picking Shs63 million from Muwema and Company Advocates, the law firm which was representing his opponent in a land dispute.
Nangumya claimed he took the money as payment for legal services offered to Tumwine which services the client had failed to pay for.
But the professional body found him guilty of unprofessional conduct and impunity since he retained Tumwine’s money, prevented him from accessing it for over three years and thereafter he used it.
In ordering Nangumya to refund the money, the five-member committee of the Law Council chaired by Bruce Kyerere, Joyce Nalunga Birimumaaso, Miriam Namutebi, Simon Kinobe, Frank Nigel Othembi asked him to pay Tumwine Shs1m for pursuing his complaint and also Shs1.5m to the committee, itself.
In addition, the committee found that the appellant [Nangumya] did not inform the first respondent [Tumwine] that he had received his money.
The Judges ruled that Nangumya had failed to demonstrate to the Law Council and in their court in any way that he informed or remitted the said money to Tumwine.
