Law Society of Singapore v Thirumurthy Ayernaar Pambayan: Show Cause Action for Grossly Improper Conduct

In Law Society of Singapore v Thirumurthy Ayernaar Pambayan, the Court of Three Judges addressed an application by the Law Society of Singapore against Mr. Thirumurthy Ayernaar Pambayan, an advocate and solicitor, for a show cause action regarding grossly improper conduct. The Law Society preferred a charge against Mr. Thirumurthy for falsely attesting that he had witnessed the signing of a Power of Attorney. The court suspended Mr. Thirumurthy from practice for nine months, with the suspension commencing on 1 May 2022, and ordered him to pay the Law Society's costs fixed at $5,000, together with disbursements fixed at $1,200.

1. Case Overview

1.1 Court

Court of Three Judges

1.2 Outcome

Suspension for a period of nine months

1.3 Case Type

Regulatory

1.4 Judgment Type

ex tempore judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Law Society of Singapore brought a show cause action against Thirumurthy Ayernaar Pambayan for falsely attesting a Power of Attorney. The court suspended Pambayan for nine months.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Society of SingaporeAppellantStatutory BoardAppeal WonWon
Thirumurthy Ayernaar PambayanRespondentIndividualSuspension imposedLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
Judith PrakashJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Ajaib Hari DassHaridass Ho & Partners
R S BajwaBajwa & Co
Mohan Das NaiduMohan Das Naidu & Partners

4. Facts

  1. Mr. Thirumurthy falsely attested that he witnessed the signing of a Power of Attorney.
  2. The Complainant signed the POA in the presence of Mr. Thirumurthy’s secretary, not Mr. Thirumurthy.
  3. Mr. Thirumurthy was away from his office when the Complainant signed the POA.
  4. Mr. Thirumurthy did not contest the charge before the disciplinary tribunal.
  5. Both parties agreed that there was due cause for sanctions to be imposed.
  6. Both parties agreed that Mr. Thirumurthy acted dishonestly.
  7. The Law Society sought a suspension of 12 to 15 months.

5. Formal Citations

  1. Law Society of Singapore v Thirumurthy Ayernaar Pambayan, Originating Summons No 7 of 2021, [2022] SGHC 79

6. Timeline

DateEvent
Originating Summons No 7 of 2021 filed
Hearing date
Judgment date
Suspension commences

7. Legal Issues

  1. Grossly Improper Conduct
    • Outcome: The court found that Mr. Thirumurthy's conduct constituted grossly improper conduct.
    • Category: Substantive
  2. Appropriate Sanction for Misconduct
    • Outcome: The court determined that a nine-month suspension was the appropriate sanction.
    • Category: Procedural

8. Remedies Sought

  1. Punishment under s 83(1) of the Legal Profession Act

9. Cause of Actions

  • Show cause action

10. Practice Areas

  • Disciplinary Proceedings

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Law Society of Singapore v Chia Choon YangSingapore Law ReportsYes[2018] 5 SLR 1068SingaporeCited for the principle that the presumptive penalty of striking off the rolls may be displaced in dishonesty cases where there is no indication of a defect of character rendering the solicitor unfit.
Law Society of Singapore v Sum Chong Mun and anotherSingapore Law ReportsYes[2017] 4 SLR 707SingaporeCited for comparison regarding the appropriate sentence for a solicitor who falsely certified and witnessed the execution of a lasting power of attorney.
Law Society of Singapore v Andre Ravindran Saravanapavan ArulSingapore Law ReportsYes[2011] 4 SLR 1184SingaporeCited regarding the deterrent effect of a fine, especially with solicitors in small practices.
Law Society of Singapore v Tay Choon Leng JohnSingapore Law ReportsYes[2012] 3 SLR 150SingaporeCited as an instance where a fine may be imposed on its own where it is sufficient.
Law Society of Singapore v Chan Chun Hwee AllanSingapore Law ReportsYes[2018] 4 SLR 859SingaporeCited as an instance where a fine may be imposed in addition to some other sanction including a period of suspension where this is warranted by other considerations, such as the desire to disgorge an illicit gain.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

  • Grossly improper conduct
  • Power of Attorney
  • False attestation
  • Show cause
  • Suspension
  • Legal Profession Act

15.2 Keywords

  • Legal Profession
  • Show Cause
  • Grossly Improper Conduct
  • Singapore
  • Law Society

17. Areas of Law

Area NameRelevance Score
Legal Profession Act95
Show cause action90
Grossly Improper Conduct85
Disciplinary Proceedings80
Legal Ethics and Professional Responsibility75
Power of Attorney60

16. Subjects

  • Legal Profession
  • Professional Misconduct