Seow Theng Beng Samuel v Law Society of Singapore: Disciplinary Proceedings & Abeyance of Hearing
In Seow Theng Beng Samuel v Law Society of Singapore, the Court of Three Judges dismissed an application by Samuel Seow Theng Beng, an advocate and solicitor, to hold disciplinary proceedings in abeyance pending the completion of a Newton hearing in related criminal proceedings. The Law Society of Singapore brought charges against Seow for professional misconduct. The Court found no real risk of serious prejudice that would warrant staying the disciplinary proceedings, emphasizing the public interest in maintaining the integrity of the legal profession. The application was dismissed with costs.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Regulatory
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court dismissed an application to hold disciplinary proceedings against Samuel Seow in abeyance, finding no risk of serious prejudice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Seow Theng Beng Samuel | Applicant | Individual | Application Dismissed | Lost | Eugene Singarajah Thuraisingam, Johannes Hadi |
| The Law Society of Singapore | Respondent | Association | Won | Won | Dinesh Dhillon Singh, Loong Tse Chuan, Alisa Toh Qian Wen |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Johannes Hadi | Eugene Thuraisingam LLP |
| Dinesh Dhillon Singh | Allen & Gledhill LLP |
| Loong Tse Chuan | Allen & Gledhill LLP |
| Alisa Toh Qian Wen | Allen & Gledhill LLP |
4. Facts
- The Law Society brought eight principal and eight alternative charges against the applicant for physically and verbally abusing three of his employees.
- The applicant pleaded guilty to the charges before the disciplinary tribunal.
- Criminal charges were filed against the applicant arising from broadly the same set of facts.
- The applicant pleaded guilty to criminal charges.
- The applicant adduced psychiatric reports to support his argument that he was suffering from Adjustment Disorder at the material time.
- The Law Society consented to holding OS 4 in abeyance pending the disposal of the criminal proceedings, on the understanding that the Newton hearing would conclude by September 2020.
- The Newton hearing has not concluded, and the Law Society wishes to proceed with the hearing of OS 4.
5. Formal Citations
- Seow Theng Beng Samuel v Law Society of Singapore, Originating Summons No 4 of 2020 (Summons No 2 of 2021), [2021] SGHC 258
6. Timeline
| Date | Event |
|---|---|
| Applicant physically and verbally abused employees. | |
| Applicant physically and verbally abused employees. | |
| Law Society filed charges for professional misconduct against the applicant. | |
| Criminal charges were filed against the applicant. | |
| Applicant pleaded guilty to professional misconduct charges. | |
| Applicant pleaded guilty to remaining professional misconduct charges. | |
| Closing submissions were made to the Disciplinary Tribunal. | |
| Closing submissions were made to the Disciplinary Tribunal. | |
| Disciplinary Tribunal issued its report. | |
| Law Society filed OS 4. | |
| Applicant pleaded guilty to the criminal charges. | |
| OS 4 was initially fixed for hearing. | |
| First tranche of Newton hearing took place. | |
| Second tranche of Newton hearing took place. | |
| Law Society requested that OS 4 be restored for hearing. | |
| Court dismissed the application. | |
| Third tranche of the Newton hearing has been fixed. |
7. Legal Issues
- Holding disciplinary proceedings in abeyance
- Outcome: The Court held that there was no real risk of serious prejudice that may lead to injustice in either or both sets of proceedings and dismissed the application to hold the disciplinary proceedings in abeyance.
- Category: Procedural
- Sub-Issues:
- Risk of serious prejudice
- Inconsistent findings
8. Remedies Sought
- Order that the hearing of OS 4 continue to be held in abeyance pending the completion of the Newton hearing.
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Regulatory Law
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Uthayasurian Sidambaram | Court of 3 Judges | Yes | [2009] 4 SLR(R) 674 | Singapore | Cited for the principle that a stay of concurrent civil or criminal and disciplinary proceedings should not be granted lightly and for guidelines on determining whether a stay should be granted. |
| R (on the application of Land and others) v Executive Council of the Accountants’ Joint Disciplinary Scheme | Executive Council of the Accountants’ Joint Disciplinary Scheme | Yes | [2002] EWHC 2086 (Admin) | England and Wales | Cited for the principle that the court need only engage in the balancing exercise if the party seeking a stay has established a real risk of serious prejudice that may lead to injustice. |
| Law Society of Singapore v Ravi s/o Madasamy | Court of 3 Judges | Yes | [2016] 5 SLR 1141 | Singapore | Cited for the principle that sentencing in the criminal context engages different considerations from those in the context of legal disciplinary proceedings. |
| Law Society of Singapore v Chia Choon Yang | Court of 3 Judges | Yes | [2018] 5 SLR 1068 | Singapore | Cited for the principle that the principal purpose of disciplinary sanctions is not to punish the errant solicitor but to protect the public and uphold confidence in the integrity of the legal profession. |
| Law Society of Singapore v Kurubalan s/o Manickam Rengaraju | Court of 3 Judges | Yes | [2013] 4 SLR 91 | Singapore | Cited for the principle that mitigating factors carry less weight in disciplinary proceedings than in criminal proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Disciplinary proceedings
- Newton hearing
- Adjustment Disorder
- Professional misconduct
- Real risk of serious prejudice
- Inconsistent findings
- Public interest
- Legal Profession Act
15.2 Keywords
- Disciplinary Proceedings
- Legal Profession
- Singapore
- Law Society
- Abeyance
- Newton Hearing
16. Subjects
- Legal Ethics
- Professional Responsibility
- Civil Procedure
17. Areas of Law
- Legal Profession
- Disciplinary Proceedings