Law Society of Singapore v Govindan Balan Nair: Conflict of Interest in Disciplinary Proceedings

The Law Society of Singapore applied to the High Court to review the Disciplinary Tribunal’s decision in the matter of Law Society of Singapore v Govindan Balan Nair. The case concerned charges against Mr. Nair for breaching Rule 22(3)(a) of the Legal Profession (Professional Conduct) Rules 2015, related to conflict of interest. The High Court, on 19 August 2020, found that Mr. Nair had breached the rules and substituted the Disciplinary Tribunal's determination with a finding of guilt on the primary charge, ordering him to pay a penalty.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

The High Court set aside the Disciplinary Tribunal's reprimand and substituted it with a finding of guilt on the primary charge. The respondent was ordered to pay a penalty.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Law Society of Singapore sought review of a Disciplinary Tribunal's decision regarding Govindan Balan Nair's conflict of interest. The High Court found a breach of Legal Profession Rules.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Society of SingaporeApplicantStatutory BoardAppeal AllowedWon
Govindan Balan NairRespondentIndividualReprimand Set Aside, Finding of GuiltLost

3. Judges

Judge NameTitleDelivered Judgment
Valerie TheanJudgeYes

4. Counsels

Counsel NameOrganization
Danica Gan Fang LingFullerton Law Chambers LLC
Brinden AnandakumarFullerton Law Chambers LLC
Eng Zixuan EdmundFullerton Law Chambers LLC
Dhanaraj James SelvarajJames Selvaraj LLC

4. Facts

  1. The respondent failed to file his client's defense, resulting in a default judgment against the client.
  2. The respondent did not inform his client about the default judgment.
  3. The respondent sought to persuade the complainant to file an affidavit with false information.
  4. The respondent obtained written consent from the complainant without full disclosure.
  5. The Disciplinary Tribunal found a negligent omission on the respondent’s part.
  6. The respondent admitted in cross-examination that he had been negligent in allowing the default judgment to be entered.

5. Formal Citations

  1. Law Society of Singapore v Govindan Balan Nair, Originating Summons No 1178 of 2019, [2020] SGHC 174

6. Timeline

DateEvent
JKC served a writ and statement of claim on MSK.
Respondent filed a memorandum of appearance on behalf of MSK.
Respondent met with client for the first time.
Complainant sent an email stating that he could not find the documents for the counterclaim.
Default judgment was entered against MSK.
Notice of the default judgment was served on the respondent.
Complainant went to the respondent’s office to check on the matter.
Complainant discovered that default judgment had been entered against MSK.
Complainant confronted the respondent at his office.
Respondent obtained the complainant’s signed consent on a letter to JKC’s solicitors.
Respondent requested instructions from the complainant to continue the suit.
Complainant asked for an explanation in respect of the default judgment.
Complainant lodged a complaint with the Law Society against the respondent.
Respondent informed the complainant that he would discharge himself.
Respondent rendered his invoice for work done in the suit.
Hearing date.
Judgment date.

7. Legal Issues

  1. Conflict of Interest
    • Outcome: The court found that the respondent had a conflict of interest and breached Rule 22(3)(a) of the Legal Profession (Professional Conduct) Rules 2015.
    • Category: Substantive
    • Sub-Issues:
      • Failure to disclose adverse interest
      • Failure to advise client to obtain independent legal advice
      • Failure to obtain informed consent
  2. Breach of Professional Conduct Rules
    • Outcome: The court found that the respondent's conduct was in breach of the Legal Profession (Professional Conduct) Rules.
    • Category: Substantive

8. Remedies Sought

  1. Review of Disciplinary Tribunal's decision
  2. Conviction on charges premised on r 22(3) of the LPPR
  3. Fine under $20,000

9. Cause of Actions

  • Breach of Legal Profession (Professional Conduct) Rules

10. Practice Areas

  • Regulatory Law
  • Professional Conduct

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mercurine Pte Ltd v Canberra Development Pte LtdHigh CourtYes[2008] 4 SLR(R) 907SingaporeCited regarding the rule that an irregular judgment may be set aside as of right and the court's discretion in scrutinizing the surrounding circumstances.
Law Society of Singapore v Khushvinder Singh ChopraCourt of AppealYes[1998] 3 SLR(R) 490SingaporeCited for the principle that a solicitor's questionable conduct to avert disciplinary proceedings places him in a position of aggravated conflict of interest.
Law Society of Singapore v Chung Ting FaiHigh CourtYes[2006] 4 SLR(R) 587SingaporeCited for the principle that an attempt to pre-empt legal proceedings would be objectionable, suggesting an adverse interest can arise when the risk of such proceedings has arisen.
Law Society of Singapore v Ezekiel Peter LatimerHigh CourtYes[2019] 4 SLR 1427SingaporeCited for the framework of harm and culpability in determining the appropriate sanction for charges premised upon conflicts of interest.

13. Applicable Rules

Rule Name
Legal Profession (Professional Conduct) Rules 2015 r 22(3)
Legal Profession (Professional Conduct) Rules 2015 r 5

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act (Cap 161, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Conflict of interest
  • Default judgment
  • Disciplinary proceedings
  • Legal Profession (Professional Conduct) Rules
  • Adverse interest
  • Full and frank disclosure
  • Informed consent
  • Negligence
  • Reprimand

15.2 Keywords

  • Legal Profession
  • Disciplinary Proceedings
  • Conflict of Interest
  • Professional Conduct
  • Law Society of Singapore

17. Areas of Law

Area NameRelevance Score
Legal Profession Act95
Professional conduct95
Conflict of Interest95
Professional Ethics90
Disciplinary Proceedings90
Breach of Duty70
Fiduciary Duties60
Negligence60
Duty of Candour50
Litigation30

16. Subjects

  • Legal Ethics
  • Professional Responsibility