Law Society of Singapore v Ravi s/o Madasamy: Clarification on Suspension Period under Legal Profession Act
The Court of Three Judges addressed a request from Mr. Ravi s/o Madasamy for clarification regarding the commencement date of his five-year suspension under the Legal Profession Act. Mr. Ravi argued that his prior voluntary undertaking not to apply for a practicing certificate should be considered as part of the suspension period. The court dismissed this argument, clarifying that the voluntary undertaking does not constitute a suspension under the Act and does not affect the commencement of the five-year suspension imposed by the court.
1. Case Overview
1.1 Court
Court of Three Judges of the Republic of Singapore1.2 Outcome
Application dismissed. The court clarified that Mr. Ravi's voluntary undertaking not to apply for a practicing certificate does not constitute a suspension under the Legal Profession Act and does not affect the commencement of the five-year suspension imposed by the court.
1.3 Case Type
Regulatory
1.4 Judgment Type
Supplemental Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Clarification sought on a five-year suspension imposed on Mr. Ravi s/o Madasamy under the Legal Profession Act, regarding its commencement date.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Application dismissed | Lost | |
| Ravi s/o Madasamy | Respondent | Individual | Clarification denied | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Belinda Ang Saw Ean | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lin Weiqi Wendy | WongPartnership LLP |
| Teo Guo Zheng, Titus | WongPartnership LLP |
4. Facts
- Mr. Ravi was suspended for five years under s 83(1)(b) of the Legal Profession Act 1966.
- Mr. Ravi sought clarification on whether his prior period of non-practice should be included in the suspension.
- Mr. Ravi had previously undertaken not to apply for a practicing certificate for Practice Year 2022/2023.
- The Law Society argued that the voluntary suspension should not be afforded any mitigating weight.
- The court found that Mr. Ravi's undertaking did not arise out of genuine contrition.
5. Formal Citations
- Law Society of Singapore v Ravi s/o Madasamy, Originating Summons No 2 of 2022, [2023] SGHC 112
6. Timeline
| Date | Event |
|---|---|
| Attorney-General commenced proceedings against Mr Ravi in HC/OS 237/2022. | |
| Parties reached an agreement for OS 237 to be discontinued by consent. | |
| Consent order granted by Abdullah J, recording Mr Ravi’s undertaking not to apply for a PC for PY 2022/2023. | |
| Decision released in Law Society of Singapore v Ravi s/o Madasamy [2023] SGHC 65. | |
| Mr Ravi wrote to the court seeking a clarification of the decision. | |
| Mr Ravi furnished his response to the court. | |
| Law Society submitted a letter to the court. | |
| Mr Ravi responded by e-mail to the Law Society’s Letter. | |
| Supplemental Judgment delivered. |
7. Legal Issues
- Commencement of Suspension Period
- Outcome: The court held that Mr. Ravi's voluntary undertaking not to apply for a practicing certificate did not constitute a suspension under the Legal Profession Act and did not affect the commencement of the five-year suspension imposed by the court.
- Category: Substantive
- Related Cases:
- [2014] 4 SLR 877
- [2021] 5 SLR 957
- Mitigating Factors in Disciplinary Proceedings
- Outcome: The court held that Mr. Ravi's undertaking did not arise out of genuine contrition and should not be accorded any mitigating weight.
- Category: Substantive
- Related Cases:
- [2021] 5 SLR 957
8. Remedies Sought
- Clarification of suspension order
- Variation of suspension order
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Regulatory Law
- Professional Conduct
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Ravi s/o Madasamy | High Court | Yes | [2023] SGHC 65 | Singapore | The judgment being clarified in the present proceedings. |
| Law Society of Singapore v Yap Bock Heng Christopher | Court of Appeal | Yes | [2014] 4 SLR 877 | Singapore | Cited for the principle that the total of consecutive periods of suspension cannot exceed five years pursuant to s 83(1)(b) of the LPA. |
| Siva Kumar s/o Avadiar v Quek Leng Chuang and others | Court of Appeal | Yes | [2021] 1 SLR 451 | Singapore | Cited for the principle that consent orders generally do not involve a determination of the substantive merits of the case. |
| Iskandar bin Rahmat v Law Society of Singapore | Court of Appeal | Yes | [2021] 1 SLR 874 | Singapore | Cited for the principle that the power to suspend an advocate and solicitor under s 83(1)(b) is an exercise of the disciplinary jurisdiction vested in the C3J. |
| Re Nalpon Zero Geraldo Mario | High Court | Yes | [2013] 3 SLR 258 | Singapore | Cited for the principle that the power to suspend an advocate and solicitor under s 83(1)(b) is an exercise of the disciplinary jurisdiction vested in the C3J. |
| Chiong Chin May Selena v Attorney-General and another | Court of Appeal | Yes | [2021] 5 SLR 957 | Singapore | Cited for the principle that a solicitor’s voluntary cessation from practice may be considered a mitigating factor in the C3J’s determination on sentence if it demonstrates genuine remorse and contrition. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act 1966 | Singapore |
| Legal Profession Act 1966 s 83(1)(b) | Singapore |
| Legal Profession Act 1966 s 27B(1)(a) | Singapore |
| Legal Profession Act 1966 s 27B(6) | Singapore |
| Legal Profession Act 1966 s 27B(4) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Suspension
- Practicing Certificate
- Legal Profession Act
- Voluntary Undertaking
- Mitigating Factor
- Contrition
- Consent Order
15.2 Keywords
- suspension
- legal profession
- disciplinary proceedings
- practicing certificate
- mitigation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 95 |
| Disciplinary Proceedings | 90 |
16. Subjects
- Legal Ethics
- Professional Discipline