Law Society v Lim Stephen: Professional Misconduct and Criminal Breach of Trust
In Law Society of Singapore v Lim Stephen, the High Court of Singapore ordered Lim Stephen to be struck off the roll of advocates and solicitors for criminal breach of trust. Lim Stephen, as the sole proprietor of Stephen & Co, misappropriated $118,063.69 from his client, Oki Motor Workshop, by withholding funds meant for Oki and using them for his firm's expenses. The court found that Lim Stephen's actions warranted disbarment due to the degree of dishonesty and breach of client trust.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Order for striking off existing
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lawyer Lim Stephen was disbarred for misappropriating client funds, breaching trust and professional conduct standards under 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 | Order for striking off existing | Won | |
| Lim Stephen | Respondent | Individual | Order for striking off existing | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Zaheer Merchant | Madhavan Partnership |
4. Facts
- The respondent was an advocate and solicitor.
- The respondent was the sole proprietor of Stephen & Co.
- The respondent was charged with 24 charges under s 409 of the Penal Code.
- The respondent pleaded guilty to six charges of criminal breach of trust.
- The respondent misappropriated $118,063.69 from Oki Motor Workshop.
- The respondent used the misappropriated funds for his firm's expenses.
5. Formal Citations
- Law Society of Singapore v Lim Stephen, , [2006] SGHC 5
6. Timeline
| Date | Event |
|---|---|
| Respondent admitted to the Bar as an advocate and solicitor | |
| Terms of imprisonment ordered to take effect | |
| Prosecution proceeded with six charges against the respondent | |
| High Court granted Law Society's application for respondent to show cause | |
| Judgment delivered |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found that the respondent's actions constituted professional misconduct warranting disbarment.
- Category: Substantive
- Criminal Breach of Trust
- Outcome: The court considered the respondent's conviction for criminal breach of trust as a significant factor in determining professional misconduct.
- Category: Substantive
8. Remedies Sought
- Order for striking off
9. Cause of Actions
- Breach of Trust
- Professional Misconduct
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 83 Legal Profession Act | Singapore |
| Section 94A(1) Legal Profession Act | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Section 409 Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal breach of trust
- Misappropriation
- Professional misconduct
- Disbarment
- Show cause
- Mitigating factors
15.2 Keywords
- Law Society
- Lim Stephen
- Professional Misconduct
- Criminal Breach of Trust
- Singapore
- Legal Profession Act
- Disbarment
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Ethics and Professional Responsibility | 95 |
| Breach of Trust | 90 |
| Criminal Law | 80 |
| Misappropriation of Funds | 70 |
| Company Law | 30 |
16. Subjects
- Professional Responsibility
- Criminal Law