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Molbaleh, Re [2019] VULCDC 3 (31 May 2019)

Disciplinary Committee Hearing 27 May 2019

Present: Mr G.A. Andrée Wiltens, Chair

Mr F. Gilu, Member

Mr D. Russet, Member

Ms V.M. Trief, Secretary

Mr E. Molbaleh

Decision: 31 May 2019

Complaint by Mr W. Oga against Mr E. Molbaleh

1. Introduction
   

1. On 3 December 2018, Mr Oga complained that Mr Molbaleh had not acted with the professionalism expected of a legal practitioner. Mr Molbaleh disputed that.
   
   2. Background
      
2. In June 2018, Mr Oga instructed Mr Molbaleh to act for him in relation to a land matter. He was asked, in advance of any work being undertaken, to pay 50% of the anticipated legal fees plus the cost of filing an application in the Supreme Court. Accordingly, Mr Oga paid Mr Molbaleh VT 46,000 plus the filing fees of VT 20,000. Mr Oga said he did not receive any receipt.
   
3. Mr Molbaleh advised Mr Oga that he would prepare a sworn statement and forward it to him for him to sign in support of the proposed claim. This was never done, despite repeated promises to the effect that Mr Molbaleh would attend to this. Mr Molbaleh also did not keep his client advised of progress – indeed he led his client to believe that progress had been made when that was not so.
   
4. Mr Oga grew tired of the excuses offered, and eventually in November 2018 he told Mr Molbaleh he wanted his money returned. It was all returned, but in tranches over time of VT 20, 000, VT 10, 000, VT 10,000 and finally on 5 December 2018 (after the complaint had been made) VT 26,000.
   
   100. Complaint
        
5. Mr Oga complained about the lack of a receipt, the several breaches of promises, and the slow repayment of his money. He stated he had to go to Mr Molbaleh’s offices on several occasions to collect his promised funds, but he was let down time and again and returned home empty-handed. As a shift worker, Mr Oga found this extremely inconvenient, and there was a cost to him in having to travel/take time off work – he estimated that could be as much as VT 10,000.
   
6. Mr Oga was concerned that others like him should not be so treated by Mr Molbaleh in future.
   
   4. Discussion
      

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