Law Society v Latimer: Conflict of Interest, Professional Conduct Breach & Solicitor's Undertaking
The Law Society of Singapore brought an application against Ezekiel Peter Latimer for professional misconduct while representing Mr. Chung Fook Keong Melvin and Ms. Doan Thi Thanh Thuy. The Court of Three Judges found Latimer guilty of failing to disclose information, failing to act with reasonable diligence, and failing to keep clients informed. Latimer was struck off the Roll of Advocates and Solicitors.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
Respondent struck off the Roll of Advocates and Solicitors.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court struck Ezekiel Peter Latimer off the roll for misconduct, including conflict of interest and failure to inform clients.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Applicant | Statutory Board | Application Allowed | Won | |
| Ezekiel Peter Latimer | Respondent | Individual | Struck off the Roll of Advocates and Solicitors | Lost | |
| Chung Fook Keong Melvin | Other | Individual | |||
| Doan Thi Thanh Thuy | Other | Individual | |||
| Tran Thi Vinh | Other | Individual | |||
| Chong Kim Miaw | Other | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Woo Bih Li | Judge of the Appellate Division | No |
4. Counsels
4. Facts
- Respondent failed to disclose to Ms. Thuy that Hang Huo Energy Pte Ltd was involved in ongoing litigation.
- Respondent provided false information to Ms. Thuy that the Company was dormant.
- Respondent failed to inform the Complainants about the Unless Order in MC 16562.
- Respondent failed to ensure that the Complainants complied with the Unless Order.
- Respondent failed to keep the Complainants reasonably informed of the progress of MC 16562.
- Respondent gave a personal undertaking to the court to secure the release of Ms. Thuy’s passport.
5. Formal Citations
- Law Society of Singapore v Ezekiel Peter Latimer, Originating Application No 7 of 2023, [2024] SGHC 90
6. Timeline
| Date | Event |
|---|---|
| Respondent admitted as an Advocate and Solicitor. | |
| Horizon Petroleum Limited brought Suit 1248 against Hang Huo Energy Pte Ltd. | |
| Complainants engaged the Respondent to act for them in an adoption matter. | |
| Respondent asked Ms. Thuy whether she would be interested in becoming a director of Hang Huo Energy Pte Ltd. | |
| Ms. Thuy appointed a director of the Company. | |
| Complainants engaged the Respondent to commence MC 16562 against Ms. Tran Thi Vinh and Mr. Chong Kim Miaw. | |
| Respondent appointed to act for the Company in Suit 1248. | |
| Court made six orders between July and December 2017 for Ms Thuy (and others) to attend before the court and to be orally examined on the debts of the Company. | |
| Respondent appointed by the Company on Ms Thuy’s behalf in Suit 1248. | |
| Hearing of the committal proceedings; warrant of arrest issued against Ms. Thuy. | |
| Defendants filed an application for specific discovery against the Complainants. | |
| Court issued the Unless Order. | |
| Respondent filed a solicitor’s affidavit in purported compliance with the Unless Order. | |
| MC 16562 was dismissed. | |
| Ms. Thuy found guilty of contempt and ordered to pay a fine. | |
| Various assets belonging to the Complainants were seized by the Bailiff at their property. | |
| Respondent filed an application seeking permission for Ms Thuy’s passport to be returned to her temporarily. | |
| Application granted on condition that a surety be provided. | |
| Respondent gave a personal undertaking to the court. | |
| Court imposed an order suspending the Respondent from practising for a period of three years. | |
| Court imposed a further suspension for a period of two years. | |
| The Disciplinary Tribunal found that all four charges were made out on the evidence. | |
| Hearing held; the Court overturned the DT’s findings in relation to the Second Charge but agreed that the First, Third and Fourth Charges were made out. | |
| Detailed grounds for decision set out. |
7. Legal Issues
- Breach of Professional Conduct Rules
- Outcome: The court found that the Respondent breached the Legal Profession (Professional Conduct) Rules 2015.
- Category: Substantive
- Sub-Issues:
- Failure to disclose information
- Failure to act with reasonable diligence
- Failure to keep clients informed
- Conflict of Interest
- Outcome: The court found no conflict of interest arising from the Personal Undertaking.
- Category: Substantive
8. Remedies Sought
- Striking off from the Roll of Advocates and Solicitors
- Suspension from practice
9. Cause of Actions
- Breach of Professional Conduct
- Negligence
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Ezekiel Peter Latimer | Court of Three Judges | Yes | [2019] 4 SLR 1427 | Singapore | Cited as a previous disciplinary proceeding against the Respondent, resulting in a suspension from practice. |
| Law Society of Singapore v Ezekiel Peter Latimer | Court of Three Judges | Yes | [2020] 4 SLR 1171 | Singapore | Cited as a further suspension imposed on the Respondent for disregarding his client’s interests. |
| Law Society of Singapore v Jasmine Gowrimani d/o Daniel | N/A | Yes | [2010] 3 SLR 390 | Singapore | Cited for the principle that the court must decide whether there was due cause for sanction. |
| Law Society of Singapore v Udeh Kumar s/o Sethuraju and another matter | N/A | Yes | [2017] 4 SLR 1369 | Singapore | Cited for the principle that the court must consider whether the solicitor’s conduct is sufficiently serious to warrant sanctions. |
| Law Society of Singapore v Naidu Priyalatha | N/A | Yes | [2023] 3 SLR 1401 | Singapore | Cited for the description of a solicitor’s undertaking as a sui generis bond. |
| Briggs & Anor v The Law Society | High Court of Justice | Yes | [2005] EWHC 1830 (Admin) | England and Wales | Cited for the principle that those to whom an undertaking is proffered can assume it will be scrupulously performed. |
| Law Society of Singapore v K Jayakumar Naidu | N/A | Yes | [2012] 4 SLR 1232 | Singapore | Cited for the principle that a layperson requires clear and comprehensible advice. |
| Wellmix Organics (International) Pte Ltd v Lau Yu Man | N/A | Yes | [2006] 2 SLR(R) 117 | Singapore | Cited for the principle that unless orders are only enforced if the order has been breached intentionally. |
| Law Society of Singapore v Ravi s/o Madasamy | N/A | Yes | [2023] 4 SLR 1760 | Singapore | Cited for the general sentencing principles in disciplinary proceedings. |
| Law Society of Singapore v Ravindra Samuel | N/A | Yes | [1999] 1 SLR(R) 266 | Singapore | Cited for the ultimate question of whether the solicitor is a fit and proper person. |
| Law Society of Singapore v Seow Theng Beng Samuel | N/A | Yes | [2022] 4 SLR 467 | Singapore | Cited for the approach to deciding whether a striking off order should be made in cases not involving dishonesty or conflicts of interest. |
| Law Society of Singapore v Ooi Oon Tat | N/A | Yes | [2023] 3 SLR 966 | Singapore | Compared to the present case; Ooi Oon Tat involved similar misconduct but did not result in a striking off order. |
| Law Society of Singapore v Seah Choon Huat Johnny and another matter | High Court | Yes | [2024] SGHC 19 | Singapore | Compared to the present case; Johnny Seah involved multiple complaints but the respondent made full compensation. |
| United Bank of Kuwait Ltd v Hammoud and others | N/A | Yes | [1988] 1 WLR 1051 | N/A | Cited for the principle that an undertaking to pay a sum of money should be given on the basis that the relevant funds have been made available. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act 1966 | Singapore |
| Section 83(1) of the Legal Profession Act 1966 | Singapore |
| Section 83(2)(b) of the Legal Profession Act | Singapore |
| Section 83(2)(h) of the Legal Profession Act | Singapore |
| Section 93(1)(c) of the Legal Profession Act | Singapore |
| Section 40 of the Interpretation Act 1965 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional misconduct
- Conflict of interest
- Solicitor’s undertaking
- Unless Order
- Breach of duty
- Disciplinary proceedings
15.2 Keywords
- Legal Profession
- Conflict of Interest
- Professional Conduct
- Disciplinary Tribunal
- Solicitor
- Advocate
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Ethics and Professional Responsibility | 95 |
| Breach of Duty | 70 |
| Fiduciary Duties | 60 |
| Solicitor's undertaking | 40 |
| Commercial Disputes | 30 |
16. Subjects
- Legal Ethics
- Professional Responsibility