Law Society of Singapore v Constance Margreat Paglar: Disciplinary Proceedings & Professional Conduct
The Law Society of Singapore applied for sanctions against Constance Margreat Paglar, an advocate and solicitor, under the Legal Profession Act. The Court of Three Judges found that the Disciplinary Tribunal (DT) erred in finding cause of sufficient gravity for disciplinary action and remitted the matter back to the DT to determine the appropriate order. The court addressed whether the DT was empowered to consider antecedents in disciplinary proceedings.
1. Case Overview
1.1 Court
Court of Three Judges of the republic of singapore1.2 Outcome
Matter remitted to the Disciplinary Tribunal.
1.3 Case Type
Regulatory
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Law Society sought sanctions against Paglar. The court found no cause of sufficient gravity for disciplinary action and remitted the matter.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Applicant | Statutory Board | Matter remitted to the Disciplinary Tribunal | Remanded | |
| Constance Margreat Paglar | Respondent | Individual | Matter remitted to the Disciplinary Tribunal | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Judith Prakash | Justice of the Court of Appeal | No |
| Belinda Ang Saw Ean | Judge of the Appellate Division | No |
4. Counsels
4. Facts
- Mr. Lim engaged CPC to claim damages for personal injuries from a road traffic accident.
- CPC issued a letter of demand to III for $9,418.05, including $2,996 as costs.
- III made a settlement offer of $3,281.35, including $1,605 in costs and disbursements.
- The respondent advised Mr. Lim that the offer was reasonable.
- Mr. Lim instructed the respondent to accept the offer.
- The respondent did not communicate Mr. Lim’s acceptance.
- The respondent made a counter-offer of $4,000, and later accepted a final offer of $3,800 without informing Mr. Lim.
5. Formal Citations
- Law Society of SingaporevConstance Margreat Paglar, Originating Summons No 6 of 2020, [2021] SGHC 27
6. Timeline
| Date | Event |
|---|---|
| Lim Beng Heng Bernard engaged C Paglar & Co to make a claim for damages. | |
| C Paglar & Co issued a letter of demand to India International Insurance Pte Ltd for $9,418.05. | |
| C Paglar & Co and India International Insurance Pte Ltd exchanged settlement offers. | |
| India International Insurance Pte Ltd made a settlement offer of $3,281.35. | |
| Constance Margreat Paglar informed Mr. Lim of the settlement offer. | |
| Mr. Lim instructed Constance Margreat Paglar to accept the settlement offer. | |
| Constance Margreat Paglar made a settlement offer to India International Insurance Pte Ltd for $4,000. | |
| C Paglar & Co accepted the final offer of $3,800. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Cause of Sufficient Gravity
- Outcome: The court found that the Disciplinary Tribunal erred in finding that there was cause of sufficient gravity for disciplinary action.
- Category: Substantive
- Admissibility of Antecedents
- Outcome: The court held that antecedents may be considered for the purpose of sentencing but not for establishing liability.
- Category: Procedural
8. Remedies Sought
- Sanctions under s 83(1) of the Legal Profession Act
9. Cause of Actions
- Breach of Professional Conduct Rules
10. Practice Areas
- Regulatory Law
- Professional Responsibility
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Law Society of Singapore v Constance Margreat Paglar | Disciplinary Tribunal | Yes | [2020] SGDT 4 | Singapore | Cited for the Disciplinary Tribunal's decision and reasoning in the case. |
| Law Society of Singapore v Ravi Madasamy | N/A | Yes | [2007] 2 SLR(R) 300 | Singapore | Cited to support the point that a lawyer can only be held to account for the specific misconduct that he or she has been charged for. |
| Law Society of Singapore v Jasmine Gowrimani d/o Daniel | N/A | Yes | [2010] 3 SLR 390 | Singapore | Cited to support the point that only the most serious cases are heard by a court of 3 Judges. |
| Law Society of Singapore v Yeo Khirn Hai Alvin and another matter | High Court | Yes | [2020] 4 SLR 858 | Singapore | Cited to support the point that the Law Society has a duty to frame charges that reflect the gravamen of the complaints referred to it. |
| Law Society of Singapore v Chia Choon Yang | N/A | Yes | [2018] 5 SLR 1068 | Singapore | Cited to support the point that the overriding purpose of legal disciplinary proceedings is to protect the public and uphold public confidence in the legal profession. |
| The Law Society of Singapore v Constance Margreat Paglar | Disciplinary Tribunal | Yes | [2019] SGDT 11 | Singapore | Cited as the 'Antecedent' case, relating to the respondent's prior breaches of the PCR. |
| Iskandar bin Rahmat v Law Society of Singapore | Court of Appeal | Yes | [2021] SGCA 1 | Singapore | Cited for the Chief Justice's remarks that the disciplinary framework set out in Part VII of the LPA is enigmatic and in need of review and reform. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 83(1) of the Legal Profession Act | Singapore |
| s 83(2)(b) of the Legal Profession Act | Singapore |
| s 83(2)(h) of the Legal Profession Act | Singapore |
| s 83(5) of the Legal Profession Act | Singapore |
| s 93(1) of the Legal Profession Act | Singapore |
| s 93(1)(b) of the Legal Profession Act | Singapore |
| s 93(1)(c) of the Legal Profession Act | Singapore |
| s 93(3) of the Legal Profession Act | Singapore |
| s 94(1) of the Legal Profession Act | Singapore |
| s 94(3)(a) of the Legal Profession Act | Singapore |
| s 97(1) of the Legal Profession Act | Singapore |
| s 98(1) of the Legal Profession Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cause of sufficient gravity
- Disciplinary Tribunal
- Legal Profession Act
- Professional Conduct Rules
- Antecedent misconduct
- Amended charge
- Settlement offer
- Discharge voucher
15.2 Keywords
- Legal Profession
- Disciplinary Proceedings
- Professional Conduct
- Cause of Sufficient Gravity
- Singapore
- Law Society
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Disciplinary Proceedings | 95 |
| Legal Profession Act | 90 |
| Professional Ethics | 85 |
| Legal Ethics and Professional Responsibility | 80 |
16. Subjects
- Legal Ethics
- Professional Misconduct
- Disciplinary Proceedings