Law Society of Singapore v Chiong Chin May Selena: Show Cause Action for Solicitor's Misconduct
In Law Society of Singapore v Chiong Chin May Selena, the High Court of Singapore addressed a show cause action against a solicitor, Chiong Chin May Selena, for professional misconduct. The Law Society brought charges against Chiong for failing to maintain proper financial records and allowing her non-lawyer husband to be a co-signatory on the firm's accounts. The court found Chiong's actions constituted grossly improper conduct but acknowledged her medical condition as a mitigating factor. The court suspended Chiong from practice for one year and secured an undertaking that she would not resume practice as a sole proprietor without leave of court.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Respondent suspended from practice for one year.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Solicitor Chiong Chin May Selena faced disciplinary action for failing to maintain financial records and allowing a non-lawyer to co-signatory accounts. The court suspended her for one year.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Show cause action successful | Won | Mimi Oh |
| Chiong Chin May Selena | Respondent | Individual | Suspended from practice | Lost | Chung Ting Fai |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| V K Rajah | Judge | Yes |
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mimi Oh | Mimi Oh and Associates |
| Chung Ting Fai | Chung Tan and Partners |
4. Facts
- Respondent failed to prepare or maintain financial records for her firm.
- Respondent allowed her non-lawyer husband to be co-signatory of firm's accounts.
- Respondent ceased practice without notifying clients or the Law Society.
- Respondent was unaware of the accounting requirements mandated by the Legal Profession Act.
- Respondent was suffering from manic-depressive psychosis during the relevant period.
- Respondent was declared a bankrupt due to excessive spending and business failure.
5. Formal Citations
- Law Society of Singapore v Chiong Chin May Selena, NM 38/2005, OS 428/2005, [2005] SGHC 148
6. Timeline
| Date | Event |
|---|---|
| Respondent graduated from the National University of Singapore’s Faculty of Law. | |
| Respondent was admitted as an advocate and solicitor. | |
| Respondent experienced post-natal depression, lapses of concentration and severe memory loss. | |
| Respondent set up a sole practice under the name and style of M/s C M Chiong & Co. | |
| Law Society contacted the respondent about the status of her practice. | |
| Council of the Law Society resolved to intervene into the firm’s clients’ account. | |
| Respondent was declared a bankrupt. | |
| Respondent appeared before the Disciplinary Committee. | |
| Respondent suspended from practice for a period of one year. | |
| Decision Date |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found that the respondent's actions constituted professional misconduct.
- Category: Substantive
- Sub-Issues:
- Failure to maintain financial records
- Allowing unauthorized person to operate solicitor's account
- Related Cases:
- Law Society of Singapore v Lim Yee Kai [2001] 1 SLR 721
- Bolton v Law Society [1994] 1 WLR 512
- Breach of Solicitors' Accounts Rules
- Outcome: The court found that the respondent breached the Solicitors' Accounts Rules.
- Category: Substantive
- Sub-Issues:
- Failure to record dealings with client's monies
- Failure to keep properly written cash books, ledgers and journals
8. Remedies Sought
- Suspension from practice
- Order to show cause
9. Cause of Actions
- Professional Misconduct
- Breach of Legal Profession Act
- Breach of Solicitors' Accounts Rules
10. Practice Areas
- Professional Misconduct
- Regulatory Law
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| In re A Solicitor | N/A | Yes | In re A Solicitor (1962) 3 MC 323 | N/A | Cited for the principle that the legal profession owes the public a duty involving a high standard of probity and financial conduct. |
| In re A solicitor | N/A | Yes | In re A solicitor [1972] 1 WLR 869 | N/A | Cited for the principle that negligence may amount to professional misconduct if it is inexcusable and deplorable. |
| Bolton v Law Society | Court of Appeal | Yes | Bolton v Law Society [1994] 1 WLR 512 | N/A | Cited for the principle that even honest acts can constitute professional misconduct if they depart from the rules binding solicitors. |
| Law Society of Singapore v Lim Yee Kai | N/A | Yes | Law Society of Singapore v Lim Yee Kai [2001] 1 SLR 721 | Singapore | Cited for the principle that any failure to maintain proper accounts would be viewed seriously and warrants disciplinary action. |
| Law Society of Singapore v Ravindra Samuel | N/A | Yes | Law Society of Singapore v Ravindra Samuel [1999] 1 SLR 696 | Singapore | Cited for the three primary factors in determining the appropriate penalty: protection of the public, safeguarding the profession's interests, and punishment of the offender. |
| Law Society of Singapore v Prem Singh | N/A | Yes | Law Society of Singapore v Prem Singh [1999] 4 SLR 157 | Singapore | Cited as a comparison case where a solicitor was suspended for failing to deposit client money and keep proper accounts, but distinguished due to the solicitor's seniority and lack of explanation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 83(2)(b) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 83(2)(j) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 77(2) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 77(3) | Singapore |
| Legal Profession Act s 75C | Singapore |
| Bankruptcy Act (Cap 20, 2000 Rev Ed) s 124(5) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Show cause action
- Solicitor
- Professional misconduct
- Solicitors' Accounts Rules
- Sole proprietor
- Disciplinary Committee
- Bankruptcy
- Manic-depressive psychosis
15.2 Keywords
- Legal Profession Act
- Solicitors' Accounts Rules
- Professional Misconduct
- Suspension
- Singapore
- Law Society
16. Subjects
- Legal Ethics
- Professional Responsibility
- Accountancy
17. Areas of Law
- Legal Profession
- Solicitors' Accounts Rules
- Disciplinary Proceedings