Law Society v Cheng Kim Kuan: Breach of Undertaking in Solicitor Supervision
In [2023] SGHC 350, the Law Society of Singapore applied for sanctions against Mr. Cheng Kim Kuan for breaching a solicitor's undertaking to supervise Mr. Ravi s/o Madasamy. The Court of Three Judges found Mr. Cheng guilty of failing to adequately supervise Mr. Ravi and failing to submit a required monthly report. The court imposed a six-month suspension on Mr. Cheng and ordered him to pay costs.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
Six-month suspension imposed on Mr. Cheng.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Law Society sought sanctions against Mr. Cheng for breaching an undertaking to supervise a fellow solicitor. The court imposed a six-month suspension for failing to adequately supervise and report.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Sanction Granted | Won | |
| Cheng Kim Kuan | Respondent | Individual | Suspension Imposed | Lost | Ong Ying Ping of Ong Ying Ping Esq |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
| Belinda Ang | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Cham Shan Jie | Aquinas Law Alliance LLP |
| Ong Ying Ping | Ong Ying Ping Esq |
4. Facts
- Mr. Cheng gave an undertaking to supervise Mr. Ravi, a fellow solicitor with conditions on his practicing certificate.
- Mr. Cheng failed to personally supervise Mr. Ravi's practice.
- Mr. Cheng allowed Mr. Ravi to have sole conduct of legal matters without vetting submissions or correspondence.
- Mr. Cheng failed to submit the November 2021 Supervising Solicitor’s Report by the due date.
- Mr. Cheng was informed of incidents concerning Mr. Ravi’s behavior and alleged misconduct.
- Mr. Cheng did not take proactive steps to ensure Mr. Ravi was practicing in a controlled environment.
- Mr. Ravi practiced out of a separate office from Mr. Cheng.
5. Formal Citations
- Law Society of Singapore v Cheng Kim Kuan, Originating Application No 2 of 2023, [2023] SGHC 350
6. Timeline
| Date | Event |
|---|---|
| Mr. Cheng was admitted as an advocate and solicitor. | |
| Mr. Cheng gave the Undertaking to the Supreme Court of Singapore and the Council of the Law Society. | |
| AGC sent a letter to Mr. Cheng regarding Mr. Ravi’s behavior and alleged misconduct. | |
| Mr. Cheng met with Mr. Ravi. | |
| Incident involving Mr. Ravi’s appearance in a video conference before the General Division of the High Court. | |
| AGC sent another letter to Mr. Cheng detailing a further incident. | |
| AGC sent another letter seeking further clarifications from Mr. Cheng. | |
| Mr. Cheng sent three letters to the AGC in response to previous letters. | |
| AGC sought further clarification from Mr. Cheng. | |
| Mr. Cheng responded to the 3 December Letter. | |
| The DT was appointed to hear and investigate the complaint. | |
| DT issued its report. | |
| Hearing date. | |
| Judgment date. | |
| Suspension to take effect. |
7. Legal Issues
- Breach of Undertaking
- Outcome: The court found that Mr. Cheng breached his undertaking by failing to adequately supervise Mr. Ravi and failing to submit the required monthly report.
- Category: Substantive
- Sub-Issues:
- Failure to personally supervise
- Failure to provide monthly reports
- Professional Misconduct
- Outcome: The court determined that Mr. Cheng's conduct constituted professional misconduct.
- Category: Substantive
- Sub-Issues:
- Grossly improper conduct
- Conduct unbefitting an advocate and solicitor
8. Remedies Sought
- Sanctions under s 83(1) of the Legal Profession Act 1966
- Costs
9. Cause of Actions
- Breach of Undertaking
- Professional Misconduct
10. Practice Areas
- Regulatory Law
- Professional Responsibility
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Naidu Priyalatha | High Court | Yes | [2022] SGHC 224 | Singapore | Cited for the principle that a solicitor's undertaking is a cast-iron guarantee and its breach is almost invariably an act of professional misconduct. |
| Re Lim Kiap Khee; Law Society of Singapore v Lim Kiap Khee | Court of Appeal | Yes | [2001] 2 SLR(R) 398 | Singapore | Cited for the principle that it is of the utmost importance that a solicitor should abide by the undertaking he formally gives. |
| Law Society of Singapore v Tay Choon Leng John | High Court | Yes | [2012] 3 SLR 150 | Singapore | Cited for the principle that the starting point for sanctions in cases not involving dishonesty should be a monetary penalty. |
| Law Society of Singapore v Chiong Chin May Selena | High Court | Yes | [2013] SGHC 5 | Singapore | Cited for the principle that aggravating circumstances may justify a departure from a monetary penalty. |
| Law Society of Singapore v Tan See Leh Jonathan | High Court | Yes | [2020] 5 SLR 418 | Singapore | Cited for the principle that a fine is not appropriate where the misconduct was not mere inadvertence. |
13. Applicable Rules
| Rule Name |
|---|
| Rules 8(3) of the Legal Profession (Professional Conduct) Rules 2015 |
| Rules 13(4) of the Legal Profession (Professional Conduct) Rules 2015 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act 1966 | Singapore |
| s 83(1) of the Legal Profession Act 1966 | Singapore |
| s 83(2)(b) of the Legal Profession Act 1966 | Singapore |
| s 83(2)(h) of the Legal Profession Act 1966 | Singapore |
| s 85(3) of the LPA | Singapore |
| s 93(1)(c) of the LPA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Solicitor's Undertaking
- Supervising Solicitor
- Conditional Practicing Certificate
- Professional Misconduct
- Disciplinary Tribunal
- Personal Supervision
- Monthly Report
- Legal Profession Act
- Grossly Improper Conduct
- Misconduct Unbefitting
15.2 Keywords
- Legal Profession
- Solicitor
- Supervision
- Undertaking
- Disciplinary Action
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Disciplinary Proceedings | 95 |
| Legal Profession Act | 90 |
| Solicitor's undertaking | 90 |
| Professional Misconduct | 80 |
16. Subjects
- Legal Ethics
- Professional Responsibility
- Solicitor Supervision