Law Society v Ravi Madasamy: Misconduct Investigation of Non-Practicing Solicitor

The Law Society of Singapore applied to the High Court for leave to appoint a Disciplinary Tribunal to investigate Ravi s/o Madasamy, a non-practicing solicitor, for alleged misconduct. The alleged misconduct included harassment of Law Society staff, sending an email to the press containing allegations against another solicitor, and making defamatory remarks on Facebook against the President of the Law Society and another solicitor. The High Court granted the Law Society's application for leave.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Law Society's application for leave to appoint a Disciplinary Tribunal was granted.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Law Society sought leave for a misconduct investigation against Ravi Madasamy, a non-practicing solicitor, for alleged disrepute to the legal profession.

1.7 Decision Date

28 April 2015

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Law Society of Singapore	Applicant	Statutory Board	Application Granted	Won	Sean La’Brooy of Colin Ng & Partners LLP Tan Wei Ser Venetia of Colin Ng & Partners LLP
Ravi s/o Madasamy	Respondent	Individual	Application for Leave Granted	Lost	Eugene Thuraisingam of Eugene Thuraisingam LLP

3. Judges

Judge Name	Title	Delivered Judgment
Sundaresh Menon	Chief Justice	Yes

4. Counsels

Counsel Name	Organization
Sean La’Brooy	Colin Ng & Partners LLP
Tan Wei Ser Venetia	Colin Ng & Partners LLP
Eugene Thuraisingam	Eugene Thuraisingam LLP

4. Facts

Ravi s/o Madasamy was suspended from practice due to concerns about his mental condition.
Ravi s/o Madasamy attended the Law Society's premises with companions and allegedly behaved inappropriately.
Ravi s/o Madasamy sent an email to the press containing allegations against another solicitor.
Ravi s/o Madasamy made derogatory remarks against the President of the Law Society on Facebook.
Ravi s/o Madasamy falsely alleged that Mr Pillai had assaulted him.
Ravi s/o Madasamy apologized for his conduct and undertook not to repeat it.
Ravi s/o Madasamy's doctor considered him as having returned to a normal euthymic mood.

5. Formal Citations

Law Society of Singapore v Ravi s/o Madasamy, Originating Summons No 265 of 2015, [2015] SGHC 120

6. Timeline

Date	Event
2015-02-10	Council of the Law Society directed Ravi s/o Madasamy to stop practicing.
2015-02-10	Ravi s/o Madasamy appeared at the Law Society's premises with companions.
2015-02-13	The Council wrote to Ravi s/o Madasamy regarding the incident on 10 February 2015.
2015-02-11	Ravi s/o Madasamy sent an email to the Straits Times news desk.
2015-02-17	The Council applied to the High Court for an order that Ravi s/o Madasamy submit to a medical examination.
2015-02-18	Ravi s/o Madasamy allegedly made remarks regarding Mr Thio Shen Yi SC on Facebook.
2015-02-24	OS 161/2015 was heard by Quentin Loh J.
2015-02-26	Loh J ordered that Ravi s/o Madasamy be suspended from practice until further order.
2015-02-26	Ravi s/o Madasamy allegedly made statements on Facebook alleging misconduct on the part of Mr Pradeep Pillai.
2015-03-16	Ravi s/o Madasamy sent a letter to the Law Society apologizing for his conduct on 10 February 2015.
2015-03-19	Ravi s/o Madasamy filed an application for an order to lift the suspension.
2015-04-01	Loh J heard the parties on the application to lift the suspension.
2015-04-29	Judgment reserved.

7. Legal Issues

Professional Misconduct
- Outcome: The court found a prima facie case of professional misconduct.
- Category: Substantive
- Sub-Issues:
  - Breach of Legal Profession Act
  - Failure to act with self-restraint
  - Use of abusive language
  - Unruly behaviour
  - Breach of solicitor-client privilege
  - Disclosure of confidential information
  - Making false allegations
Granting Leave for Disciplinary Tribunal
- Outcome: The court granted leave for a Disciplinary Tribunal to be appointed.
- Category: Procedural
- Sub-Issues:
  - Prima facie case
  - Exercise of discretion

8. Remedies Sought

Appointment of Disciplinary Tribunal

9. Cause of Actions

Professional Misconduct

10. Practice Areas

Disciplinary Proceedings

11. Industries

Legal Services

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Re Nalpon Zero Geraldo Mario	High Court	Yes	[2012] 3 SLR 440	Singapore	Cited for the two-stage process involved in granting leave under s 82A(6) of the LPA.
The Law Society of Singapore v Gopalan Nair (aka Pallichadath Gopalan Nair)	Disciplinary Tribunal	Yes	[2010] SGDT 11	Singapore	Cited for the principle that the use of abusive language and unruly behaviour may constitute misconduct unbefitting an advocate and solicitor.
The Law Society of Singapore v Wong Sin Yee	Supreme Court	Yes	[2002] SGDSC 5	Singapore	Cited for the principle that the use of abusive language and unruly behaviour may constitute misconduct unbefitting an advocate and solicitor.
Law Society of Singapore v Tan Phuay Khiang	High Court	Yes	[2007] 3 SLR(R) 477	Singapore	Cited for the principle that there can only be a breach of confidentiality if the information was confidential in nature.
Law Society of Singapore v Ahmad Khalis bin Abdul Ghani	Court of Appeal	Yes	[2006] 4 SLR(R) 308	Singapore	Cited for the principle that advocates and solicitors are expected to be courteous to each other.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 25C(7) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 25C(8) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 25C(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 82A(4) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 82A(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 25(3) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 26(9)(a) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 27B(1)(b) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 27B(1)(b)(i) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 82A(6) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 82A(7) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 82A(5) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore
s 82A(13) of the Legal Profession Act (Cap 161, 2009 Rev Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Disciplinary Tribunal
Non-practising solicitor
Professional misconduct
Prima facie case
Legal Profession Act
Council's Direction
Facebook post
Without prejudice
Mental condition
Suspension from practice

15.2 Keywords

Law Society
Ravi Madasamy
Misconduct
Solicitor
Disciplinary Tribunal
Legal Profession Act
Singapore

17. Areas of Law

Area Name	Relevance Score
Disciplinary Proceedings	95
Legal Profession Act	90
Legal Ethics and Professional Responsibility	85
Professional Ethics	80
Professional Misconduct	75

16. Subjects

Law
Ethics
Regulation