Law Society v. Nair: Striking Off for Misconduct Unbefitting an Advocate and Solicitor

The Law Society of Singapore applied to the High Court for an order to strike Mr. Gopalan Nair, a non-practicing advocate and solicitor, off the roll for misconduct. The misconduct included using abusive language towards police officers, behaving in a disorderly fashion, and making offensive statements against judges in blog posts. The High Court, comprising Tan Lee Meng J, Tay Yong Kwang J, and Lee Seiu Kin J, found Mr. Nair guilty of conduct unbefitting an advocate and solicitor and ordered him to be struck off the roll.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Ordered that GN be struck off the roll of advocates and solicitors of the Supreme Court of Singapore and awarded costs to the Law Society.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Law Society sought to strike Gopalan Nair off the roll for misconduct. The High Court ordered Nair to be struck off the roll.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Society of SingaporePlaintiffStatutory BoardJudgment for PlaintiffWon
Gopalan Nair (alias Pallichadath Gopalan Nair)DefendantIndividualStruck off the rollLost

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes
Tay Yong KwangJudgeNo
Lee Seiu KinJudgeNo

4. Counsels

Counsel NameOrganization
Peter Cuthbert LowPeter Low LLC
Han LilinPeter Low LLC

4. Facts

  1. GN, a non-practicing advocate and solicitor, used abusive language towards police officers in public.
  2. GN behaved in a disorderly manner in public.
  3. GN made offensive statements against judges in blog posts.
  4. GN breached an undertaking given to the District Court.
  5. GN was convicted of offences under the Miscellaneous Offences (Public Order and Nuisance) Act.
  6. GN was imprisoned for contempt of court.

5. Formal Citations

  1. Law Society of Singapore v Gopalan Nair (alias Pallichadath Gopalan Nair), Originating Summons No 947 of 2009 (Summons No 1404 of 2011), [2011] SGHC 191

6. Timeline

DateEvent
GN admitted onto the roll
GN made offending statement in blog post 'Singapore, Judge Belinda Ang’s Kangaroo Court'
GN used abusive words towards police officers
GN convicted and sentenced for using abusive words and behaving in a disorderly fashion
GN admitted being in contempt of court and gave an undertaking
GN convicted and sentenced to 3 months imprisonment
GN made offending statement in blog post 'Hello from Freemont, near San Francisco, California'
GN made offending statement in blog post 'Justice Judith Prakash, Another Kangaroo Judge'
Chief Justice appointed a Disciplinary Tribunal
GN sent his Defence and his Amended Defence
Tribunal hearing commenced
Hearing before the Court
Court ordered that GN be struck off the roll

7. Legal Issues

  1. Misconduct Unbefitting an Advocate and Solicitor
    • Outcome: The court found that the defendant's actions constituted misconduct unbefitting an advocate and solicitor.
    • Category: Substantive
    • Related Cases:
      • [1999] 3 SLR(R) 966
  2. Contempt of Court
    • Outcome: The court found the defendant in contempt of court for his blog posts.
    • Category: Substantive

8. Remedies Sought

  1. Striking off the roll
  2. Prohibition from applying for a practicing certificate
  3. Censure
  4. Punishment

9. Cause of Actions

  • Professional Misconduct
  • Contempt of Court

10. Practice Areas

  • Disciplinary Proceedings
  • Contempt of Court
  • Criminal Law

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Law Society of Singapore v Heng Guan Hong GeoffreyHigh CourtYes[1999] 3 SLR(R) 966SingaporeCited for the principle that misconduct in both professional and personal capacity are relevant to disciplinary proceedings.
Law Society of Singapore v Tham Yu Xian RickHigh CourtYes[1999] 3 SLR(R) 68SingaporeCited for the principle that disciplinary action is intended to punish the errant solicitor, deter others, and protect public confidence.
Law Society of Singapore v Rasif DavidHigh CourtYes[2008] 2 SLR(R) 955SingaporeCited for the principle that disciplinary action is intended to punish the errant solicitor, deter others, and protect public confidence.
Law Society of Singapore v Wee Wei FenHigh CourtYes[1999] 3 SLR(R) 559SingaporeCited to highlight that not every violation of criminal law implies a defect of character.
Law Society of Singapore v Wong Sin YeeHigh CourtYes[2003] 3 SLR(R) 209SingaporeCited to highlight that conviction of a criminal offense does not per se imply a defect of character.
Law Society of Singapore v Amdad Hussein LawrenceHigh CourtYes[2000] 3 SLR(R) 23SingaporeCited for the principles on disciplinary sentencing, particularly regarding dishonesty and lack of integrity.
Law Society of Singapore v Ravindra SamuelHigh CourtYes[1999] 1 SLR(R) 266SingaporeCited for the principles on disciplinary sentencing.
Law Society of Singapore v Suresh Kumar SuppiahHigh CourtYes[1999] 2 SLR(R) 1203SingaporeCited for the principles on disciplinary sentencing.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act (Cap 161, 1990 Rev Ed)Singapore
s 82A(10) of the Legal Profession ActSingapore
s 82(A)(2) of the Legal Profession ActSingapore
ss 82A(4) and (5) of the Legal Profession ActSingapore
s 90 of the Legal Profession ActSingapore
s 82A(3)(a) of the Legal Profession ActSingapore
s 83(2)(h) of the Legal Profession ActSingapore
Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184, 1997 Rev Ed)Singapore
s 13D(1)(a) of the Miscellaneous Offences (Public Order and Nuisance) ActSingapore
s 20 of the Miscellaneous Offences (Public Order and Nuisance) ActSingapore
section 228 of the Penal CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Misconduct
  • Advocate and solicitor
  • Non-practicing solicitor
  • Contempt of court
  • Disciplinary proceedings
  • Vulgarities
  • Abusive language
  • Undertaking
  • Blog post
  • Judiciary

15.2 Keywords

  • Legal Profession
  • Misconduct
  • Advocate
  • Solicitor
  • Contempt of Court
  • Singapore
  • Disciplinary Action

17. Areas of Law

Area NameRelevance Score
Legal Profession Act95
Disciplinary Proceedings90
Contempt of Court80
Professional Misconduct75
Criminal Law60
Administrative Law40

16. Subjects

  • Legal Ethics
  • Professional Responsibility
  • Judicial Independence