Law Society v Gurdaib Singh: Disciplinary Proceedings for Breach of Escrow Agreement and Solicitors' Accounts Rules
In Law Society of Singapore v Gurdaib Singh, the Court of Three Judges addressed disciplinary proceedings against Gurdaib Singh, an advocate and solicitor, for two charges: failing to refund US$250,000 held in escrow and breaching the Legal Profession (Solicitors’ Accounts) Rules by drawing S$5,000 without judicial leave. The Respondent pleaded guilty to both charges. The court found his conduct constituted grossly improper conduct and ordered that he be struck off the roll of advocates and solicitors. The Law Society was awarded costs of $6,000.
1. Case Overview
1.1 Court
Court of Three Judges of the Republic of Singapore1.2 Outcome
The Respondent is struck off the roll of advocates and solicitors.
1.3 Case Type
Disciplinary
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Disciplinary proceedings against Gurdaib Singh for failing to refund escrow funds and breaching solicitors' accounts rules, resulting in being struck off the roll.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Applicant | Statutory Board | Judgment for the Applicant | Won | |
| Gurdaib Singh S/O Pala Singh | Respondent | Individual | Struck off the roll of advocates and solicitors | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Judith Prakash | Judge of Appeal | No |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Tee Jim | Lee & Lee |
| Amanda Lim | Lee & Lee |
4. Facts
- Gurdaib Singh failed to refund US$250,000 pursuant to an Escrow Agreement.
- Gurdaib Singh drew S$5,000 from his firm's client account without a judge's leave.
- The Disciplinary Tribunal found Gurdaib Singh's conduct to be grossly improper.
- Gurdaib Singh pleaded guilty to both charges.
- Gurdaib Singh failed to make full restitution of the US$250,000.
- The Respondent breached Rule 8(4) of the Legal Profession (Solicitors’ Accounts) Rules.
5. Formal Citations
- Law Society of SingaporevGurdaib Singh s/o Pala Singh, Originating Summons No 6 of 2017, [2018] SGHC 47
6. Timeline
| Date | Event |
|---|---|
| Escrow Agreement dated | |
| Cash cheque drawn from client account | |
| Originating Summons No 6 of 2017 | |
| Judgment delivered |
7. Legal Issues
- Breach of Escrow Agreement
- Outcome: The court found that the Respondent's failure to refund the escrow funds constituted grossly improper conduct.
- Category: Substantive
- Breach of Legal Profession (Solicitors’ Accounts) Rules
- Outcome: The court found that the Respondent's drawing of funds from the client account without leave was a serious breach of the rules.
- Category: Substantive
8. Remedies Sought
- Disciplinary Action
- Striking off from the roll of advocates and solicitors
9. Cause of Actions
- Breach of Escrow Agreement
- Breach of Legal Profession Act
- Breach of Legal Profession (Solicitors’ Accounts) Rules
10. Practice Areas
- Professional Responsibility
- Legal Ethics
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Ismail bin Atan | Court of Appeal | Yes | [2017] 5 SLR 746 | Singapore | Cited for principles on disciplinary sentencing, particularly regarding dishonesty and falling below required standards of integrity. |
| Law Society of Singapore v Ravindra Samuel | High Court | Yes | [1999] 1 SLR(R) 266 | Singapore | Cited for principles on disciplinary sentencing, emphasizing that a solicitor can be struck off for lacking integrity even without dishonesty. |
| Re Lim Kiap Khee | High Court | Yes | [2001] 2 SLR(R) 398 | Singapore | Cited for the importance of a solicitor abiding by their formal undertaking. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Escrow Agreement
- Solicitors' Accounts Rules
- Grossly Improper Conduct
- Disciplinary Tribunal
- Restitution
- Undertaking
- Integrity
- Probity
- Trustworthiness
15.2 Keywords
- Disciplinary
- Legal Profession
- Solicitor
- Escrow
- Accounts Rules
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 95 |
| Disciplinary Proceedings | 90 |
| Solicitors' Accounts Rules | 80 |
| Escrow Agreements | 70 |
| Breach of Trust | 60 |
| Fiduciary Duties | 50 |
| Duty to Account | 40 |
| Costs | 20 |
16. Subjects
- Legal Profession
- Disciplinary Proceedings
- Professional Ethics