Law Society v Lee Wei Ling: Power of Council in Disciplinary Procedures

The Law Society of Singapore appealed against a High Court decision regarding the Council's power under the Legal Profession Act to review complaints against solicitors. The High Court had directed the Law Society to refer a complaint against Ms. Kwa Kim Li to a Disciplinary Tribunal. The Court of Appeal allowed the appeal, holding that the Council has the power to pose further queries to the Inquiry Committee and to invite its reconsideration of the matter. The court found no prima facie case of sufficient gravity with respect to the First Complaint.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the Law Society's power to review complaints against solicitors. The court held the Council can reconsider Inquiry Committee reports.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Society of SingaporeAppellantStatutory BoardAppeal AllowedWon
Lee Hsien YangRespondentIndividualAppeal DismissedLost
Lee Wei LingRespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
Judith PrakashJustice of the Court of AppealNo
Belinda Ang Saw EanJudge of the Appellate DivisionNo
Chao Hick TinSenior JudgeNo

4. Counsels

Counsel NameOrganization
P PadmanKSCGP Juris LLP
Gregory Vijayendran SCKSCGP Juris LLP
Abraham S Vergis SCProvidence Law Asia LLC
Asiyah binte Ahmad ArifProvidence Law Asia LLC

4. Facts

  1. Ms. Kwa prepared six wills for the Testator between 2011 and 2012.
  2. The Executors complained that Ms. Kwa failed to destroy the superseded wills as instructed.
  3. The Inquiry Committee initially recommended a formal investigation.
  4. The Council referred the matter back to the Inquiry Committee for reconsideration.
  5. The Inquiry Committee then recommended dismissal of the complaint.
  6. The High Court directed the Law Society to refer the complaint to a Disciplinary Tribunal.
  7. Ms. Kwa explained that she used the word 'destroy' to refer to invalidating a will.

5. Formal Citations

  1. Law Society of Singapore v Lee Wei Ling and another, Civil Appeal No 59 of 2021, [2022] SGCA 22
  2. Lee Wei Ling and another v Law Society of Singapore, , [2021] SGHC 87

6. Timeline

DateEvent
Legal Profession Act 1966 enacted
Ms. Kwa prepared the first will for the Testator
Ms. Kwa prepared the sixth will for the Testator
The Testator's last will was executed
The Testator passed away
Ms Kwa sent letters to all the Beneficiaries
Ms Kwa sent letters to all the Beneficiaries
The Executors lodged four complaints with the Law Society against Ms Kwa
The Inquiry Committee issued its First IC Report
The Council remitted the matter to the IC for further consideration
The IC held a hearing on Ms Kwa's responses
The IC issued its Second IC Report
The Law Society informed the Executors of the Council's acceptance of the IC's findings
The Executors sought an order in the High Court to direct the Law Society to apply to the Chief Justice for the appointment of a DT
Hearing date
Judgment reserved
Lee Wei Ling HC decision
Civil Appeal No 59 of 2021
Judgment date

7. Legal Issues

  1. Power of Council of Law Society
    • Outcome: The Court of Appeal held that the Council has the power to refer matters back to the Inquiry Committee for reconsideration.
    • Category: Procedural
    • Sub-Issues:
      • Interpretation of s 87 of the Legal Profession Act
      • Council's discretion to refer matters back to the Inquiry Committee
    • Related Cases:
      • [2017] 2 SLR 850
  2. Breach of Professional Conduct
    • Outcome: The Court of Appeal found that there was no prima facie case of misconduct by Ms. Kwa.
    • Category: Substantive
    • Sub-Issues:
      • Failure to adhere to client instructions
      • Failure to destroy superseded wills

8. Remedies Sought

  1. Order directing the Law Society to apply for the appointment of a Disciplinary Tribunal

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Professional Conduct
  • Regulatory Law

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Wei Ling and another v Law Society of SingaporeHigh CourtYes[2021] SGHC 87SingaporeThe High Court decision that the Council did not have the power to refer questions back to the IC for reconsideration, and that there was a prima facie case of sufficient gravity such that the First Complaint should be referred to a DT, was overturned on appeal.
Tan Cheng Bock v Attorney-GeneralN/AYes[2017] 2 SLR 850SingaporeCited for the framework on statutory interpretation.
Iskandar bin Rahmat v Law Society of SingaporeN/AYes[2021] 1 SLR 874SingaporeCited for the overview of the disciplinary process.
Iskandar bin Rahmat v Law Society of SingaporeCourt of AppealYes[2021] SGCA 107SingaporeCited for the overview of the disciplinary process and the court's role on appeal.
Whitehouse Holdings Pte Ltd v Law Society of SingaporeN/AYes[1994] 2 SLR(R) 485SingaporeCited for the role of the IC in considering whether there is a prima facie case.
Re An Advocate and SolicitorN/AYes[1987] 2 MLJ 21N/ACited as support for the view that the Council could not disagree with a positive recommendation of the IC that there should be a formal investigation, but distinguished.
Law Society of Singapore v Chia Shih Ching JamesN/AYes[1983–1984] SLR(R) 596SingaporeCited as support for the view that the Council could not disagree with a positive recommendation of the IC that there should be a formal investigation, but distinguished.
Tan Ng Kuang and another v Law Society of SingaporeHigh CourtYes[2020] SGHC 127SingaporeCited for the test to determine whether there is a prima facie case of misconduct.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act 1966Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Inquiry Committee
  • Disciplinary Tribunal
  • Prima facie case
  • Legal Profession Act
  • Council of the Law Society
  • Solicitor's duties
  • Testator's instructions
  • Statutory interpretation

15.2 Keywords

  • Law Society
  • Legal Profession Act
  • Disciplinary Tribunal
  • Inquiry Committee
  • Solicitor
  • Professional Conduct
  • Singapore

17. Areas of Law

Area NameRelevance Score
Legal Profession Act90
Disciplinary Proceedings85
Legal Ethics and Professional Responsibility80

16. Subjects

  • Legal Profession
  • Disciplinary Procedures
  • Statutory Interpretation