Law Society of Singapore v Tay Soo Wan: Criminal Breach of Trust & Striking Off Advocate and Solicitor
In Law Society of Singapore v Tay Soo Wan, the High Court of Singapore, presided over by Yong Pung How CJ, Chao Hick Tin JA, and Tay Yong Kwang J, ordered Tay Soo Wan to be struck off the roll of advocates and solicitors on January 7, 2005. The Law Society's application stemmed from Tay's conviction for criminal breach of trust, where he misappropriated $118,434.75 from client funds. The court found that this dishonesty constituted a defect of character, rendering him unfit to practice law, and thus warranted the striking off order.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application granted; respondent ordered to be struck off the roll of advocates and solicitors.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Tay Soo Wan, an advocate and solicitor, was struck off the roll for criminal breach of trust, implying a character defect unfit for the profession.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Association | Application granted | Won | Zaheer K Merchant |
| Tay Soo Wan | Respondent | Individual | Struck off the roll of advocates and solicitors | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Zaheer K Merchant | Madhavan Partnership |
4. Facts
- The respondent, Tay Soo Wan, was an advocate and solicitor.
- Tay Soo Wan misappropriated $118,434.75 from client funds between December 2000 and June 2002.
- Tay Soo Wan pleaded guilty to one charge of criminal breach of trust.
- Tay Soo Wan was sentenced to 21 months' imprisonment.
- The Law Society applied to make absolute an order to show cause why Tay Soo Wan should not be dealt with under s 83(1) of the LPA.
5. Formal Citations
- Law Society of Singapore v Tay Soo Wan, OS 987/2004, [2005] SGHC 7
6. Timeline
| Date | Event |
|---|---|
| Respondent called to the Bar | |
| Respondent began misappropriating funds | |
| Respondent's misappropriation of funds ended | |
| Respondent sentenced to 21 months' imprisonment | |
| Application granted to strike respondent off the roll |
7. Legal Issues
- Criminal Breach of Trust
- Outcome: The respondent was convicted of criminal breach of trust.
- Category: Substantive
- Professional Misconduct
- Outcome: The court found that the respondent's actions constituted professional misconduct warranting being struck off the roll.
- Category: Substantive
8. Remedies Sought
- Striking off from the roll of advocates and solicitors
9. Cause of Actions
- Criminal Breach of Trust
- Professional Misconduct
10. Practice Areas
- Regulatory Law
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Loh Wai Mun Daniel | High Court | Yes | [2004] 2 SLR 261 | Singapore | Cited as precedent for striking off an advocate and solicitor due to a defect of character making him unfit for his profession. |
| Law Society of Singapore v Caines Colin | High Court | Yes | [2004] SGHC 250 | Singapore | Cited as precedent for striking off an advocate and solicitor due to a defect of character making him unfit for his profession. |
| Law Society of Singapore v Yap Shao Sin Philip | High Court | Yes | [2004] SGHC 252 | Singapore | Cited as precedent for striking off an advocate and solicitor due to a defect of character making him unfit for his profession. |
| Bolton v Law Society | Not Available | Yes | [1994] 1 WLR 512 | England and Wales | Approved as authority that striking off will be the consequence as a matter of course where the advocate and solicitor has been convicted of dishonest conduct. |
| Law Society of Singapore v Ravindra Samuel | Not Available | Yes | [1999] 1 SLR 696 | Singapore | Approved as authority that striking off will be the consequence as a matter of course where the advocate and solicitor has been convicted of dishonest conduct. |
| Law Society of Singapore v Tham Yu Xian Rick | Not Available | Yes | [1999] 4 SLR 168 | Singapore | Approved as authority that striking off will be the consequence as a matter of course where the advocate and solicitor has been convicted of dishonest conduct. |
| Re Knight Glenn Jeyasingam | Not Available | Yes | [1994] 3 SLR 531 | Singapore | Cited for the paramount considerations in deciding on the appropriate order to be made: the protection of the public and the preservation of the good name of the legal profession. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| s 409 of the Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal breach of trust
- Misappropriation
- Show cause
- Striking off
- Defect of character
- Legal Profession Act
15.2 Keywords
- Law Society of Singapore
- Tay Soo Wan
- Criminal Breach of Trust
- Advocate and Solicitor
- Striking Off
- Legal Profession Act
16. Subjects
- Legal Ethics
- Professional Responsibility
- Criminal Law
17. Areas of Law
- Legal Profession
- Criminal Law