Law Society v Sum Chong Mun: Professional Misconduct in Lasting Power of Attorney Certification
The Law Society of Singapore appealed against Sum Chong Mun and Kay Swee Tuan, advocates and solicitors, for professional misconduct related to the certification of a Lasting Power of Attorney (LPOA). Sum falsely attested to witnessing a signature on the LPOA form, and Kay procured Sum's false attestation. The Court of Three Judges found both Sum and Kay guilty of misconduct under the Legal Profession Act. Sum was suspended for one year, and Kay was suspended for 30 months. The court ordered Sum and Kay to bear the costs of the Law Society.
1. Case Overview
1.1 Court
Court of Three Judges of the republic of singapore1.2 Outcome
Due cause for disciplinary action was shown against both Sum and Kay. Sum was suspended for one year, and Kay was suspended for 30 months.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Law Society appealed against Sum Chong Mun and Kay Swee Tuan for professional misconduct related to a Lasting Power of Attorney. The court found both advocates guilty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Appellant | Statutory Board | Appeal Allowed | Won | |
| SUM CHONG MUN | Respondent | Individual | Disciplinary Action | Lost | |
| KAY SWEE TUAN | Respondent | Individual | Disciplinary Action | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | No |
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Judith Prakash | Judge of Appeal | No |
4. Counsels
4. Facts
- Sum signed as certificate issuer and witness to the Donor's signature on a form creating a lasting power of attorney.
- Sum did not personally witness the Donor's signature or carry out his duties as certificate issuer.
- Kay procured Sum to certify and witness the Form when the Donor's signature had already been affixed.
- Kay knew that Sum would not be witnessing the Donor’s execution of the Form or carrying out his duties as certificate issuer.
- Sum relied on Kay's representations that she had witnessed the Donor execute the Form.
- The Donor’s LPOA was registered on 15 February 2012.
- The Family Court recorded a consent order to cancel the registration of the LPOA.
5. Formal Citations
- Law Society of SingaporevSum Chong Mun and another, , [2017] SGHC 80
6. Timeline
| Date | Event |
|---|---|
| Sum signed the Form as certificate issuer and witness. | |
| Donor’s LPOA was registered. | |
| Police contacted Sum about witnessing the Form. | |
| Sum prepared and signed a Statutory Declaration. | |
| Kay filed a Response to Sum’s statements. | |
| OPG complained about Sum and Kay to the Law Society. | |
| Family Court recorded a consent order to cancel the LPOA registration. | |
| Inquiry Committee was constituted. | |
| Kay sent a letter to the Chairman of the Law Society’s Inquiry Committee. | |
| Inquiry Committee recommended a formal investigation by a DT. | |
| DT heard the matter. | |
| DT determined cause of sufficient gravity for disciplinary action. | |
| Court found due cause for disciplinary action against Sum and Kay. | |
| Sum's suspension began. | |
| Grounds of decision were delivered. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found both respondents guilty of professional misconduct.
- Category: Substantive
- Sub-Issues:
- Failure to discharge professional duty
- False attestation
- Breach of Duty as Certificate Issuer
- Outcome: The court found that Sum failed to discharge his duties as a certificate issuer.
- Category: Substantive
- Sub-Issues:
- Failure to ensure donor understood the purpose of LPOA
- Failure to ensure no fraud or undue pressure
- Failure to ensure nothing prevented LPOA creation
8. Remedies Sought
- Sanctions under s 83(1) of the Legal Profession Act
9. Cause of Actions
- Breach of professional duty
- Improper conduct
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Law Society of Singapore v 1) Sum Chong Mun 2) Kay Swee Tuan | Disciplinary Tribunal | Yes | [2016] SGDT 5 | Singapore | The judgment refers to the Disciplinary Tribunal's report and findings regarding the misconduct of Sum and Kay in relation to the lasting power of attorney. |
| Law Society of Singapore v Ahmad Khalis bin Abdul Ghani | Court of Three Judges | Yes | [2006] 4 SLR(R) 308 | Singapore | Cited for the principle that an advocate and solicitor who falsely attests to the execution of a document cannot rely on a third party to discharge their duties. |
| Law Society of Singapore v K Jayakumar Naidu | Court of Three Judges | Yes | [2012] 4 SLR 1232 | Singapore | Cited for the principle that an advocate and solicitor attending to the execution of a power of attorney must take reasonable care to advise and ensure that clients understand the implications of their actions. |
| Browne v Dunn | N/A | Yes | [1893] 6 R 67 | N/A | Cited regarding the rule that prevents a party from advancing arguments based on a document without giving the other party an opportunity to explain their interpretation of it. |
| The Law Society of Singapore v Low Seow Juan | N/A | Yes | [1996] SGDSC 4 | Singapore | Cited in relation to the issue of sanction, where the respondent persuaded colleagues to attest signatures by misrepresentation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161) | Singapore |
| Mental Capacity Act (Cap 177A, 2010 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Lasting Power of Attorney
- Certificate issuer
- Professional misconduct
- Mental Capacity Act
- Legal Profession Act
- False attestation
- Disciplinary Tribunal
- Originating summons
15.2 Keywords
- professional misconduct
- lasting power of attorney
- certificate issuer
- legal profession
- disciplinary action
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 90 |
| Professional Misconduct | 90 |
| Professional Ethics | 85 |
| Lasting Power of Attorney | 75 |
| Mental Capacity Law | 70 |
| Trust Law | 30 |
16. Subjects
- Professional Responsibility
- Regulatory Law
- Legal Ethics