Law Society v Chung Ting Fai: Advocate's Misconduct in Divorce Case
In Law Society of Singapore v Chung Ting Fai, the High Court of Singapore addressed an application by the Law Society to finalize an order to show cause against Chung Ting Fai, an advocate and solicitor, for misconduct under the Legal Profession Act. The misconduct stemmed from Chung preparing and advising a client to sign a false affidavit in divorce proceedings. The court found Chung's actions constituted misconduct unbefitting an advocate and solicitor and ordered his suspension from practice for one year and to bear the costs of the proceedings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application granted; respondent suspended from practice for one year and ordered to bear the costs of the proceedings.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Chung Ting Fai, an advocate, was suspended for preparing a false affidavit in a divorce case, violating the Legal Profession Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Application Granted | Won | |
| Chung Ting Fai | Respondent | Individual | Suspended from practice | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Andrew Ang | Judge | No |
| Chan Sek Keong | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Irving Choh Thian Chee | Rajah & Tann |
| C R Rajah | Tan Rajah & Cheah |
4. Facts
- Respondent acted for Lim in divorce proceedings.
- Respondent failed to advise Lim on the availability of an appeal mechanism.
- Respondent prepared an affidavit containing false details.
- Respondent advised Lim to sign the affidavit.
- The affidavit was intended to support an extension of time to file an appeal.
- The affidavit was not filed.
5. Formal Citations
- Law Society of Singapore v Chung Ting Fai, OS 866/2006, SUM 2724/2006, [2006] SGHC 167
6. Timeline
| Date | Event |
|---|---|
| Respondent called to the Bar. | |
| Respondent retained by Lim Leng Koon in divorce proceedings. | |
| Decree nisi for divorce obtained. | |
| Ancillary matters in divorce proceedings scheduled to be heard. | |
| Law firm closed for a week for Chinese New Year. | |
| Time frame for appeal lapsed. | |
| Respondent sent a letter to Lim Leng Koon detailing the import of the Order made by the trial judge at the hearing. | |
| Lim Leng Koon received the letter dated 20 February 2004 from the respondent. | |
| Lim Leng Koon went to the respondent’s office to clarify matters. | |
| Lim Leng Koon lodged a complaint with the Law Society. | |
| Decision date. |
7. Legal Issues
- Misconduct Unbefitting an Advocate and Solicitor
- Outcome: The court found that the respondent's conduct amounted to misconduct unbefitting an advocate and solicitor.
- Category: Substantive
- Sub-Issues:
- Preparing false affidavit
- Advising client to sign false affidavit
- Breach of duty to the court
8. Remedies Sought
- Order to show cause
- Suspension from practice
- Costs
9. Cause of Actions
- Breach of Professional Conduct
10. Practice Areas
- Professional Conduct
- Family Law
- Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Ahmad Khalis bin Abdul Ghani | High Court | Yes | [2006] SGHC 143 | Singapore | Cited for the principle that the public interest in deterring misconduct by solicitors is paramount. |
| Law Society of Singapore v Ng Chee Sing | Unknown | Yes | [2000] 2 SLR 165 | Singapore | Cited to define the scope of Section 83(2)(h) of the Legal Profession Act as a catch-all provision for unacceptable conduct. |
| Law Society of Singapore v Khushvinder Singh Chopra | Unknown | Yes | [1999] 4 SLR 775 | Singapore | Cited to differentiate 'conduct unbefitting an advocate and solicitor' from 'grossly improper conduct'. |
| Re Weare | Queen's Bench | Yes | [1893] 2 QB 439 | England and Wales | Cited to define the standard of unbefitting conduct for a solicitor. |
| Law Society of Singapore v Arjan Chotrani Bisham | Unknown | Yes | [2001] 1 SLR 684 | Singapore | Cited in relation to the standard of unbefitting conduct. |
| Re an Advocate and Solicitor | Unknown | Yes | [1978–1979] SLR 240 | Singapore | Cited for the principle that serious charges against an advocate must be proved beyond a reasonable doubt. |
| The Law Society of Singapore v Lim Cheong Peng | High Court | Yes | [2006] SGHC 145 | Singapore | Cited for the principle that serious charges against an advocate must be proved beyond a reasonable doubt. |
| Law Society of Singapore v Ravindra Samuel | Unknown | Yes | [1999] 1 SLR 696 | Singapore | Cited for the principle that the court must protect the public and register its disapproval of the conduct of the solicitor. |
| Law Society of Singapore v Ong Ying Ping | Unknown | Yes | [2005] 3 SLR 583 | Singapore | Cited for the principle that there is an inherent public interest in the administration of justice. |
| Re Knight Glenn Jeyasingam | Unknown | Yes | [1994] 3 SLR 531 | Singapore | Cited for the principle that public service can be a mitigating factor in disciplinary proceedings against a lawyer. |
| Re An Advocate & Solicitor | Unknown | Yes | [1962] MLJ 125 | Malaysia | Cited by the respondent's counsel as a similar case where a censure was imposed, but the court distinguished it and imposed a more severe sentence. |
13. Applicable Rules
| Rule Name |
|---|
| Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2000 Rev Ed) rr 2(2) |
| Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2000 Rev Ed) rr 25(a) |
| Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2000 Rev Ed) rr 59(a) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 83(1) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 83(2)(h) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 98(5) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 85(1) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) s 75B | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Misconduct
- Advocate and solicitor
- False affidavit
- Divorce proceedings
- Legal Profession Act
- Show cause action
- Suspension
- Duty to the court
15.2 Keywords
- Legal Profession
- Misconduct
- Advocate
- Solicitor
- False Affidavit
- Divorce
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 90 |
| Legal Ethics and Professional Responsibility | 90 |
| Professional Misconduct | 80 |
| Legal Ethics | 70 |
| Solicitor's duties | 70 |
| Misrepresentation | 60 |
| Divorce | 30 |
| Contract Law | 20 |
| Evidence Law | 20 |
16. Subjects
- Legal Ethics
- Professional Responsibility