Wee Soon Kim Anthony v The Law Society of Singapore: Disciplinary Procedures & Professional Misconduct
In Wee Soon Kim Anthony v The Law Society of Singapore, the Court of Appeal of Singapore heard an appeal regarding the Law Society's handling of a complaint by Wee Soon Kim Anthony against two advocates and solicitors, Davinder Singh SC and Hri Kumar, alleging professional misconduct. The court allowed the appeal, holding that the Council of the Law Society is obliged to refer complaints concerning the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel, without first assessing the merits of the complaint. The court found that the Council's role at the initial stage is limited to determining whether the complaint relates to the conduct of an advocate and solicitor.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding Law Society's handling of misconduct complaint against advocates. The Court of Appeal held the Council must refer complaints to the Inquiry Panel.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Respondent | Statutory Board | Appeal Dismissed | Lost | |
| Wee Soon Kim Anthony | Appellant | Individual | Appeal Allowed | Won | Wee Soon Kim Anthony of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| L P Thean | Justice of the Court of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kenneth Tan Wee Kheng | Kenneth Tan Partnership |
| Wee Soon Kim Anthony | Independent Practitioner |
4. Facts
- Wee filed a complaint against two advocates and solicitors from Drew & Napier, Davinder Singh SC and Hri Kumar.
- The complaint alleged that DS and HK knowingly prepared an affidavit containing falsehoods.
- The Law Society initially decided that the complaint did not warrant a reference to an Inquiry Committee.
- Wee applied to court seeking a declaration that the Council should have referred his complaint to the Chairman of the Inquiry Panel.
- The judge ordered only the fourth alleged falsehood to be referred to the IP Chairman, declining to refer the first three.
- The appeal challenged the judge's decision to refuse to refer the first three alleged falsehoods to the IP Chairman.
5. Formal Citations
- Wee Soon Kim Anthony v The Law Society of Singapore (No 2), CA 60/2000, [2001] SGCA 11
6. Timeline
| Date | Event |
|---|---|
| Letter of complaint filed by Wee Soon Kim Anthony | |
| Law Society informed Wee that his complaint did not warrant a reference to an Inquiry Committee | |
| Wee applied to court by way of originating summons | |
| Judge declared that only the fourth alleged falsehood should be referred to the Chairman of the Inquiry Panel | |
| Appeal allowed |
7. Legal Issues
- Professional Misconduct
- Outcome: The court held that the Council must refer complaints to the Inquiry Panel Chairman.
- Category: Substantive
- Interpretation of s 85(1) Legal Profession Act
- Outcome: The court interpreted s 85(1) to mean that the Council is obliged to refer complaints to the IP Chairman once the complaint relates to the conduct of an advocate and solicitor.
- Category: Procedural
8. Remedies Sought
- Declaration that the Council of the Law Society should have referred his letter of complaint to the Chairman of the Inquiry Panel
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Regulatory Law
- Professional Misconduct
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Suppiah v Law Society of Singapore | Court of Appeal | Yes | [1986] 1 MLJ 459 | Singapore | Cited to support the principle that the Council of the Law Society has a mandatory duty to refer complaints to the Inquiry Committee, subject to certain requirements. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 1997 Ed) | Singapore |
| s 85 Legal Profession Act (Cap 161, 1997 Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional misconduct
- Inquiry Panel
- Inquiry Committee
- Council of the Law Society
- Legal Profession Act
- Advocate and solicitor
- Falsehoods
- Disciplinary procedures
15.2 Keywords
- Legal Profession Act
- Law Society of Singapore
- Professional Misconduct
- Disciplinary Procedures
- Inquiry Panel
- Inquiry Committee
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 95 |
| Disciplinary Proceedings | 80 |
| Professional Misconduct | 75 |
| Civil Procedure | 30 |
16. Subjects
- Legal Ethics
- Professional Responsibility
- Regulatory Compliance