Law Society of Singapore v Tan Chun Chuen Malcolm: Conflict of Interest & Professional Misconduct
The Law Society of Singapore applied for sanctions against Mr. Tan Chun Chuen Malcolm, an advocate and solicitor, for professional misconduct related to conflict of interest and false representations made to Mr. Kuek Yan Yeon. The Court of Three Judges found that Mr. Tan made false and fraudulent representations to solicit Mr. Kuek's engagement, procured the execution of engagement letters under improper circumstances, and placed himself in a position where his duty to Mr. Kuek conflicted with his own interests. The court ordered Mr. Tan to be struck off the roll of advocates and solicitors.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
Mr. Tan was struck off the roll of advocates and solicitors under s 83(1)(a) of the LPA.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Law Society sought sanctions against Tan for professional misconduct. The court found Tan made false representations, leading to striking off.
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 Applicant | Won | Ong Boon Hwee William, Chua Xinying |
| Tan Chun Chuen Malcolm | Respondent | Individual | Struck off the roll | Lost | Thio Shen Yi, Hannah Alysha Binte Mohamed Ashiq |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ong Boon Hwee William | Allen & Gledhill LLP |
| Chua Xinying | Allen & Gledhill LLP |
| Thio Shen Yi | TSMP Law Corporation |
| Hannah Alysha Binte Mohamed Ashiq | TSMP Law Corporation |
4. Facts
- Mr. Tan was an advocate and solicitor and the sole shareholder and director of Bluesky.
- Mr. Kuek signed two letters of engagement with Keystone relating to investment schemes promoted by Mr. Tan.
- Mr. Tan represented to Mr. Kuek that his professional indemnity insurance would guarantee returns.
- Mr. Kuek issued a cheque to Bluesky instead of Keystone, as stipulated in the letters of engagement.
- Mr. Tan did not provide the legal services stipulated in the letters of engagement.
- Mr. Tan did not disclose his conflict of interest to Mr. Kuek.
5. Formal Citations
- Law Society of Singapore v Tan Chun Chuen Malcolm, Originating Summons No 1 of 2020, [2020] SGHC 166
6. Timeline
| Date | Event |
|---|---|
| Mr. Tan was admitted as an advocate and solicitor of the Supreme Court of Singapore | |
| Mr. Tan sent Mr. Kuek a Whatsapp message regarding a 12% guaranteed profits investment scheme | |
| Mr. Kuek signed two letters of engagement with Keystone | |
| Mr. Kuek issued a cheque for $250,000 to Bluesky | |
| Mr. Tan claimed a revised and final agreement was reached | |
| Mr. Kuek stated in his affidavit that Mr. Tan had assured him that the 12% profits would be guaranteed by his professional indemnity insurance | |
| Date of first hearing | |
| Date of decision |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found Mr. Tan guilty of professional misconduct.
- Category: Substantive
- Sub-Issues:
- Breach of solicitor-client relationship
- Making false and fraudulent representations
- Conflict of interest
- Conflict of Interest
- Outcome: The court found that Mr. Tan placed himself in a position where his duty to serve Mr. Kuek’s best interests conflicted with his own interests.
- Category: Substantive
- Sub-Issues:
- Solicitor's duty to client
- Solicitor's personal interest
- False and Fraudulent Representations
- Outcome: The court found that Mr. Tan made false and fraudulent representations to Mr. Kuek for the purpose of soliciting the latter’s engagement of his and/or Keystone’s services.
- Category: Substantive
- Sub-Issues:
- Misleading statements
- Breach of trust
8. Remedies Sought
- Disciplinary Action
- Striking Off
9. Cause of Actions
- Breach of Fiduciary Duty
- Professional Negligence
- Fraudulent Misrepresentation
10. Practice Areas
- Regulatory Law
- Disciplinary Proceedings
11. Industries
- Legal Services
- Financial Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BOM v BOK and another appeal | Court of Appeal | Yes | [2019] 1 SLR 349 | Singapore | Cited by analogy regarding subjective understanding of solicitor-client relationship. |
| The Law Society of Singapore v Tan Chun Chuen, Malcolm | Disciplinary Tribunal | Yes | [2020] SGDT 5 | Singapore | The decision of the Disciplinary Tribunal which was partially overturned by this judgment. |
| Law Society of Singapore v Ezekiel Peter Latimer | Court of Appeal | Yes | [2019] 4 SLR 1427 | Singapore | Cited for the principle that cases involving a solicitor who preferred his own interests over those of his client would presumptively involve more serious misconduct. |
| Law Society of Singapore v Khushvinder Singh Chopra | High Court | Yes | [1998] 3 SLR(R) 490 | Singapore | Cited as an example where a solicitor was struck off for misconduct involving a conflict of interest. |
| Law Society of Singapore v Chia Choon Yang | Court of Appeal | Yes | [2018] 5 SLR 1068 | Singapore | Cited for the framework for determining the appropriate sanction in cases of misconduct involving dishonesty. |
| Law Society of Singapore v Ong Cheong Wei | Court of Appeal | Yes | [2018] 3 SLR 937 | Singapore | Cited in relation to the rarity of cases where striking off would be disproportionate. |
| Law Society of Singapore v Choy Chee Yean | Court of Appeal | Yes | [2010] 3 SLR 560 | Singapore | Cited in relation to the limited relevance of personal culpability in cases where the presumptive position of striking off applies. |
| John Irvine Burrowes v Law Society | High Court of Justice | Yes | [2002] EWHC 2900 (Admin) | England and Wales | Cited as an example of a case where the sanction of striking off was not imposed. |
| Fraser v The Council of the Law Society of New South Wales | New South Wales Court of Appeal | Yes | [1992] NSWCA 72 | Australia | Cited as an example of a case where the sanction of striking off was not imposed. |
| Law Society of Singapore v Chung Ting Fai | Court of Appeal | Yes | [2006] 4 SLR(R) 587 | Singapore | Cited as an example of a case where the errant solicitor had been found guilty of drafting a false affidavit. |
| Law Society of Singapore v Yap Bock Heng Christopher | Court of Appeal | Yes | [2014] 4 SLR 877 | Singapore | Cited in the context of prohibited borrowing transactions. |
| Law Society of Singapore v Ravi s/o Madasamy | Court of Appeal | Yes | [2016] 5 SLR 1141 | Singapore | Cited in relation to the limited relevance of personal culpability in the context of disciplinary proceedings concerning dishonesty. |
| Timothy Tyrrell v The Bank of London and Sir J V Shelley and Others | N/A | Yes | [1862] 11 ER 934 | N/A | Cited regarding a solicitor's primary duty. |
| Law Society of New South Wales v Harvey | N/A | Yes | [1976] 2 NSWLR 154 | Australia | Cited regarding conflict of interest arising from a solicitor's proposal that his client deal with him. |
| Ohm Pacific Sdn Bhd v Ng Hwee Cheng Doreen | Court of Appeal | Yes | [1994] 2 SLR(R) 633 | Singapore | Cited regarding conflict of interest when a solicitor acts for both parties in a transaction. |
13. Applicable Rules
| Rule Name |
|---|
| Rule 22(3) of the Legal Profession (Professional Conduct) Rules 2015 (S 706/2015) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 83(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 83(2)(b) of the Legal Profession Act | Singapore |
| Sections 94(1) and 98(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional Indemnity Insurance
- Solicitor-Client Relationship
- Conflict of Interest
- False Representation
- Investment Scheme
- Letters of Engagement
- Bluesky Group Pte Ltd
- Keystone Law Corporation
15.2 Keywords
- Legal Profession Act
- Law Society of Singapore
- Professional Misconduct
- Conflict of Interest
- Striking Off
- Advocate and Solicitor
16. Subjects
- Legal Ethics
- Professional Responsibility
- Regulatory Offences
17. Areas of Law
- Legal Profession
- Professional Conduct
- Conflict of Interest