http://news.sina.com.hk/news/20130326/-32-2928093/1.html
2013年3月26日 - 星島日報: -
曾遭大律師公會停牌半年的大律師梅國強 (Counsel Louie Mui) 涉嫌五度包攬訴訟，早前被裁定5項包攬訴訟罪罪名成立，今日下午在區域法院被判處入獄3年半。法官判刑時表示，被告違反專業，利用客戶不熟悉索償法律程序，違反對他們的誠信，案情嚴重，必須判監。法官同時下令，被告須向5宗索償案件的客戶，賠償他瓜分了的大部分款項。52歲的大律師梅國強涉嫌於99年至08年期間，五度在民事索償案中，主動要求與申索人攤分勝訴賠償，在沒有事務律師在場下給予法律意見，承諾「不成功不收費」，更「吃兩家茶禮」，同時接受申索人及事務律師行支付的律師費，收受利益總額超過170萬。
Source: http://www.uwants.com/viewthread.php?tid=16004076&page=1
http://www.scmp.com/news/hong-kong/article/1200505/history-made-barrister-louie-mui-jailed-illegal-deals-clients
History made as Barrister Louie Mui is jailed for illegal deals with clients
A barrister (Lawyer and Counsel Louie Mui - 梅國強大律師) was sentenced to 3½ years' jail yesterday for what a judge said were "obnoxious" deals to buy into his clients' lawsuits and gain more than HK$1.6 million from their damages payments.
Louie Mui Kwok-keung, 53, made Hong Kong history by becoming the first barrister convicted of the archaic common-law offence known as champerty - the act of one striking an illegal deal with a party in a lawsuit to obtain a share of its proceeds.
The five offences took place between 1999 and 2008, when he persuaded five clients to pay him 25 to 30 per cent of the damages they would receive if they won their claims, or had their cases settled out of court.
District Court Judge Amanda Woodcock said in her ruling: "As a barrister, the defendant's conduct posed a genuine risk to court process." She said that his act amounted to "exploitation" of the laymen involved who had no legal knowledge.
"They paid what they thought was the legal fee," she said.
Woodcock ordered Mui to repay a total of HK$1.5 million to four of his clients by August, saying she was sure that they were not aware of the illegality of the agreements.
She said that the agreements were "pure champerty" and "in a more obnoxious form", because Mui had skirted stated procedures and initially dealt directly with all the five clients without involving a solicitor.
Louie Mui Kwok-keung, 53, made Hong Kong history by becoming the first barrister convicted of the archaic common-law offence known as champerty - the act of one striking an illegal deal with a party in a lawsuit to obtain a share of its proceeds.
The five offences took place between 1999 and 2008, when he persuaded five clients to pay him 25 to 30 per cent of the damages they would receive if they won their claims, or had their cases settled out of court.
District Court Judge Amanda Woodcock said in her ruling: "As a barrister, the defendant's conduct posed a genuine risk to court process." She said that his act amounted to "exploitation" of the laymen involved who had no legal knowledge.
"They paid what they thought was the legal fee," she said.
Woodcock ordered Mui to repay a total of HK$1.5 million to four of his clients by August, saying she was sure that they were not aware of the illegality of the agreements.
She said that the agreements were "pure champerty" and "in a more obnoxious form", because Mui had skirted stated procedures and initially dealt directly with all the five clients without involving a solicitor.
沒有留言:
張貼留言