Law Society v Chiong Chin May Selena: Disciplinary Action for Negligence in Divorce Proceedings
The Law Society of Singapore commenced proceedings against Chiong Chin May Selena, an advocate and solicitor, following complaints from her client, Heng Siew Lee, regarding the handling of her divorce proceedings. The High Court found Chiong guilty of some charges related to breaches of the Legal Profession (Professional Conduct) Rules, specifically failing to keep her client informed and misrepresenting the status of the case. While some charges were dismissed, the court imposed a six-month suspension from practice, citing a pattern of irresponsibility and a previous disciplinary record.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Advocate and solicitor suspended from practice for six months.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Law Society brought disciplinary action against Chiong Chin May Selena for negligence in handling a divorce case. The court partially upheld the charges, suspending her from practice for six months.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Partial Success | Partial | Mimi Oh |
| Chiong Chin May Selena | Respondent | Individual | Suspension from practice | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Andrew Ang | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mimi Oh | RHTLaw Taylor Wessing LLP |
4. Facts
- Chiong was engaged by Heng to handle her proposed divorce proceeding in September 2009.
- Heng lodged a formal complaint with the Law Society in March 2010, alleging Chiong had not diligently handled the divorce matter.
- The Law Society framed four main charges and four alternative charges against Chiong under the Legal Profession Act.
- The Disciplinary Tribunal found Chiong had breached the Legal Profession (Professional Conduct) Rules.
- Chiong was previously suspended from practice for one year in 2005 for breaches of the Legal Profession (Solicitors’ Accounts) Rules.
- Chiong did not file any written submissions for the first hearing before the High Court.
5. Formal Citations
- Law Society of Singapore v Chiong Chin May Selena, Originating Summons No 16 of 2012, [2013] SGHC 5
6. Timeline
| Date | Event |
|---|---|
| Chiong Chin May Selena admitted as advocate and solicitor. | |
| Heng Siew Lee engaged Chiong Chin May Selena to handle divorce proceeding. | |
| Heng Siew Lee lodged formal complaint with the Law Society. | |
| Chan Sek Keong CJ appointed Disciplinary Tribunal. | |
| First hearing date of the Disciplinary Tribunal. | |
| Second hearing date of the Disciplinary Tribunal. | |
| Law Society filed closing submissions. | |
| Chiong Chin May Selena filed closing submissions. | |
| Law Society filed reply submissions. | |
| Disciplinary Tribunal issued report. | |
| First hearing before the High Court. | |
| Second hearing before the High Court. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Professional Conduct Rules
- Outcome: The court found the respondent guilty of breaching Rules 12, 17, and 21(1) of the Legal Profession (Professional Conduct) Rules.
- Category: Substantive
- Sub-Issues:
- Failure to keep client informed
- Failure to explain matters to client
- Failure to act in client's best interest
- Grossly Improper Conduct
- Outcome: The court determined that the breaches amounted to grossly improper conduct in the discharge of the respondent's professional duty.
- Category: Substantive
- Misconduct Unbefitting an Advocate and Solicitor
- Outcome: The court determined that the breaches amounted to misconduct unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession.
- Category: Substantive
8. Remedies Sought
- Disciplinary action under the Legal Profession Act
9. Cause of Actions
- Breach of Legal Profession (Professional Conduct) Rules
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Ng Chee Sing | Court of Three Judges | Yes | [2000] 1 SLR(R) 466 | Singapore | Cited for the principle that gross or excessive delay in attending to a client’s matter can constitute unbefitting conduct. |
| Re Lim Kiap Khee; Law Society of Singapore v Lim Kiap Khee | High Court | Yes | [2001] 2 SLR(R) 398 | Singapore | Cited regarding the degrees of negligence and the context in which the gravity of a negligent act must be viewed. |
| Re Marshall David; Law Society of Singapore v Marshall David Saul | High Court | Yes | [1971–1973] SLR(R) 554 | Singapore | Cited for the definition of 'grossly improper conduct' as conduct dishonorable to the respondent solicitor. |
| Law Society of Singapore v Chong Wai Yen Michael and others | High Court | Yes | [2012] 2 SLR 113 | Singapore | Cited to support the proposition that disciplinary proceedings are quasi-criminal in nature. |
| Law Society of Singapore v Ahmad Khalis bin Abdul Ghani | High Court | Yes | [2006] 4 SLR(R) 308 | Singapore | Cited to support the proposition that the Law Society has the burden of proving its case beyond a reasonable doubt. |
| Law Society of Singapore v Tay Choon Leng John | High Court | Yes | [2012] 3 SLR 150 | Singapore | Cited for the principles that apply in determining the appropriate sanction where dishonesty or deceit is not involved. |
| Law Society of Singapore v Andre Ravindran Saravanapavan Arul | High Court | Yes | [2011] 4 SLR 1184 | Singapore | Cited regarding the introduction of monetary penalties for disciplinary offences that are too serious to be punished with mere censures, but insufficiently serious to deserve the punishment of suspension from practice. |
| Law Society of Singapore v Chiong Chin May Selena | High Court | Yes | [2005] 4 SLR(R) 320 | Singapore | Cited to show Chiong Chin May Selena's previous misconduct. |
13. Applicable Rules
| Rule Name |
|---|
| Rule 12 of the Legal Profession (Professional Conduct) Rules |
| Rule 17 of the Legal Profession (Professional Conduct) Rules |
| Rule 21.—(1) of the Legal Profession (Professional Conduct) Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 83(1) of the Legal Profession Act | Singapore |
| s 83(2)(b) of the Legal Profession Act | Singapore |
| s 83(2)(h) of the Legal Profession Act | Singapore |
| s 98 of the Legal Profession Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional misconduct
- Disciplinary tribunal
- Legal Profession Act
- Legal Profession (Professional Conduct) Rules
- Grossly improper conduct
- Misconduct unbefitting
- Divorce proceedings
- Negligence
- Suspension from practice
15.2 Keywords
- Legal Profession Act
- Professional Conduct Rules
- Disciplinary Action
- Negligence
- Singapore
- Law Society
16. Subjects
- Legal Profession
- Professional Responsibility
- Disciplinary Proceedings
17. Areas of Law
- Legal Ethics
- Professional Conduct
- Regulatory Law