Law Society of Singapore v Nedumaran Muthukrishnan: Disciplinary Proceedings for Dishonest Conduct and Breach of Professional Conduct Rules

The Law Society of Singapore brought an application against Nedumaran Muthukrishnan, an advocate and solicitor, for breaches of the Legal Profession Act and Legal Profession (Professional Conduct) Rules. The Supreme Court of Singapore, comprising Tay Yong Kwang JCA, Debbie Ong Siew Ling JAD, and Judith Prakash SJ, found the respondent guilty of dishonest conduct and failure to inform his client of the basis for charging fees. The court ordered that the respondent be suspended from practice for four years.

1. Case Overview

1.1 Court

Court of 3 Supreme Court Judges of the Republic of Singapore

1.2 Outcome

Respondent suspended from practice for four years.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Law Society initiated disciplinary proceedings against Nedumaran Muthukrishnan for dishonest conduct and breaches of professional rules. The court found him guilty on two charges and suspended him from practice for four years.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Society of SingaporeApplicantStatutory BoardPartialPartial
Nedumaran MuthukrishnanRespondentIndividualSuspended from practiceLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJustice of the Court of AppealYes
Debbie Ong Siew LingJudge of the Appellate DivisionNo
Judith PrakashSenior JudgeNo

4. Counsels

Counsel NameOrganization
Teo Yi HuiPointer LLC

4. Facts

  1. Nedumaran Muthukrishnan was an advocate and solicitor of the Supreme Court of Singapore.
  2. Chan Yee Huat engaged Muthukrishnan for personal injury matters.
  3. Settlements were reached in HC/S 324/2016 and HC/S/325/2016, awarding Chan Yee Huat $120,000 and $660,000 respectively.
  4. Muthukrishnan received $160,395.96 for legal fees from the settlements.
  5. Muthukrishnan misled Chan Yee Huat about making payments to his creditors.
  6. Muthukrishnan did not inform Chan Yee Huat about setting off the legal fees.
  7. Muthukrishnan did not issue invoices for his services.

5. Formal Citations

  1. Law Society of Singapore v Nedumaran Muthukrishnan, Originating Application No 14 of 2023, [2024] SGHC 218

6. Timeline

DateEvent
Nedumaran Muthukrishnan admitted as an advocate and solicitor of the Supreme Court of Singapore.
Start of period during which Nedumaran Muthukrishnan misled Chan Yee Huat regarding payments.
End of period during which Nedumaran Muthukrishnan misled Chan Yee Huat regarding payments.
Respondent’s last valid practicing certificate expired.
Chan Yee Huat lodged a complaint with the Law Society.
Disciplinary Tribunal convened to hear complaints against the respondent.
Evidence received by Disciplinary Tribunal.
Evidence received by Disciplinary Tribunal.
Disciplinary Tribunal issued written report.
Law Society applied for Respondent to show cause why he should not be sanctioned.
Hearing date.
Grounds of decision issued.

7. Legal Issues

  1. Dishonest Conduct
    • Outcome: The court found the respondent guilty of dishonest conduct for misleading his client.
    • Category: Substantive
    • Related Cases:
      • [2018] 5 SLR 1068
      • [2017] 4 SLR 1369
  2. Breach of Professional Conduct Rules
    • Outcome: The court found the respondent guilty of failing to inform his client of the basis on which his fees would be charged.
    • Category: Substantive
  3. Handling of Client's Money
    • Outcome: The court determined that the sum in question belonged to the respondent, not the client.
    • Category: Substantive

8. Remedies Sought

  1. Sanctions under Section 83(1) of the Legal Profession Act
  2. Costs of proceedings

9. Cause of Actions

  • Breach of Legal Profession Act
  • Breach of Legal Profession (Professional Conduct) Rules
  • Breach of Legal Profession (Solicitors’ Accounts) Rules

10. Practice Areas

  • Professional Conduct
  • Regulatory Law

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Law Society of Singapore v Chia Choon YangSingapore Court of AppealYes[2018] 5 SLR 1068SingaporeAffirmed the principles regarding dishonest conduct in relation to client moneys and the presumptive sanction of striking off the Roll.
Law Society of Singapore v Udeh Kumar s/o Sethuraju and another matterSingapore High CourtYes[2017] 4 SLR 1369SingaporeEstablished categories of dishonest conduct in relation to client moneys.
Law Society of Singapore v Suresh Kumar SuppiahSingapore High CourtYes[1999] 2 SLR(R) 1203SingaporeCompared to a case where a practitioner's neglect and dishonesty led to a client's bankruptcy, resulting in striking off.
The Law Society of Singapore v Nedumaran Muthukrishnan (formerly of N Nedumaran & Co)Disciplinary TribunalYes[2023] SGDT 18SingaporeThe Disciplinary Tribunal's report which found cause of sufficient gravity pursuant to s 93(1)(c) of the LPA for referral to this court.

13. Applicable Rules

Rule Name
Legal Profession (Professional Conduct) Rules 2015 Rule 5(2)(a)
Legal Profession (Professional Conduct) Rules 2015 Rule 17(3)(a)
Legal Profession (Solicitors’ Accounts) Rules Rule 7(1)(a)(iv)
Legal Profession (Solicitors’ Accounts) Rules Rule 2

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act 1966Singapore
Motor Vehicles (Third-Party Risks and Compensation) Act 1960Singapore
Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed) Section 18(3)Singapore
Motor Vehicles (Third Party Risks and Compensation) Act 1960 Section 6Singapore
Motor Vehicles (Third Party Risks and Compensation) Act 1960 Section 18Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Disciplinary Tribunal
  • Legal Profession Act
  • Legal Profession (Professional Conduct) Rules
  • Legal Profession (Solicitors’ Accounts) Rules
  • Dishonest conduct
  • Client's money
  • Motor Vehicles (Third-Party Risks and Compensation) Act
  • Public Trustee
  • Solicitor's costs
  • Settlement agreement

15.2 Keywords

  • Disciplinary proceedings
  • Advocate and solicitor
  • Dishonest conduct
  • Breach of rules
  • Suspension
  • Legal Profession Act
  • Singapore

17. Areas of Law

Area NameRelevance Score
Disciplinary Proceedings95
Legal Ethics and Professional Responsibility90
Banking Litigation5
Breach of Contract5
Commercial Law5
Commercial Litigation5
Banking and Finance5
Corporate Law5
Corporate Litigation5
Employment Law5
Litigation5
Contracts5
Banking Law5

16. Subjects

  • Professional Responsibility
  • Legal Ethics