Podcast
Questions and Answers
In the context of legal professional conduct, which of the following scenarios most accurately exemplifies a conflict of interest that Rule 22 of professional conduct rules is designed to address?
In the context of legal professional conduct, which of the following scenarios most accurately exemplifies a conflict of interest that Rule 22 of professional conduct rules is designed to address?
- A legal practitioner, while acting for a client in a property transaction, also personally invests in a neighboring property without disclosing this to the client. (correct)
- A legal practitioner represents two clients with entirely unrelated legal matters simultaneously, where no apparent conflict exists.
- A legal practitioner provides pro bono legal advice to a charitable organization while also representing a paying client in a commercial dispute.
- A legal practitioner, during a consultation, advises a potential client against pursuing a frivolous claim, thereby potentially losing a fee.
Within the framework of professional conduct for legal practitioners, the prohibition against conflicts of interest is exclusively concerned with situations where a demonstrable detriment to the client has already materialized.
Within the framework of professional conduct for legal practitioners, the prohibition against conflicts of interest is exclusively concerned with situations where a demonstrable detriment to the client has already materialized.
False (B)
Articulate the nuanced distinction between a conflict of interest arising from fees charged to a client and a conflict of interest arising from the substantive matter entrusted by the client, as elucidated by the Court of Three Judges in the case of Law Society of Singapore versus Loh Yong Sen.
Articulate the nuanced distinction between a conflict of interest arising from fees charged to a client and a conflict of interest arising from the substantive matter entrusted by the client, as elucidated by the Court of Three Judges in the case of Law Society of Singapore versus Loh Yong Sen.
The Court clarified that an 'interest in any matter' does not encompass the fees charged, as solicitors inherently have an interest in their fees. The conflict must relate to the substantive legal matter itself, not merely the financial arrangement for services. In Loh Yong Sen, overcharging was a breach of duty of care, but the conflict of interest pertained to the undisclosed brother's interest in the outsourced services, which was linked to the 'matter entrusted'.
In the case of Law Society of Singapore vs Uday Kumar, the respondent lawyer was found guilty of failing to advance the complainant's interests, specifically because the lawyer's actions were unduly influenced by the interests of the agent, the agent's company, and the __________.
In the case of Law Society of Singapore vs Uday Kumar, the respondent lawyer was found guilty of failing to advance the complainant's interests, specifically because the lawyer's actions were unduly influenced by the interests of the agent, the agent's company, and the __________.
Match the following cases with the primary principle of conflict of interest they exemplify:
Match the following cases with the primary principle of conflict of interest they exemplify:
In the context of 'significant gifts' from clients to legal practitioners, as discussed in Law Society of Singapore and Wan Hui Hong James, what is the most critical factor in determining whether a gift is considered 'significant' and thus triggers specific procedural requirements?
In the context of 'significant gifts' from clients to legal practitioners, as discussed in Law Society of Singapore and Wan Hui Hong James, what is the most critical factor in determining whether a gift is considered 'significant' and thus triggers specific procedural requirements?
According to the principles outlined for managing client gifts, a legal practitioner is permitted to accept a significant gift from a client without advising independent legal counsel, provided the practitioner is certain the client is of sound mind and fully understands the implications.
According to the principles outlined for managing client gifts, a legal practitioner is permitted to accept a significant gift from a client without advising independent legal counsel, provided the practitioner is certain the client is of sound mind and fully understands the implications.
Elaborate on the 'suggested approach' outlined by the court in Law Society of Singapore and Wan Hui Hong James regarding significant gifts, specifically detailing the steps a lawyer should undertake to ensure ethical compliance.
Elaborate on the 'suggested approach' outlined by the court in Law Society of Singapore and Wan Hui Hong James regarding significant gifts, specifically detailing the steps a lawyer should undertake to ensure ethical compliance.
In cases where a client is deemed not fully competent to make decisions regarding a gift, the court in Wan Hui Hong James suggests that an additional step, such as a __________ evaluation, may be necessary to ascertain the client's capacity to understand the advice given by an independent solicitor.
In cases where a client is deemed not fully competent to make decisions regarding a gift, the court in Wan Hui Hong James suggests that an additional step, such as a __________ evaluation, may be necessary to ascertain the client's capacity to understand the advice given by an independent solicitor.
In the case of Maulana Bhatim of Singapore and Govinda Nair, the conflict of interest arose primarily because Mr. Nair:
In the case of Maulana Bhatim of Singapore and Govinda Nair, the conflict of interest arose primarily because Mr. Nair:
Even if a lawyer's interests and a client's interests are aligned on a specific procedural aspect of a case, a conflict of interest can still exist if their interests diverge on a related but distinct issue, as illustrated in the Govinda Nair case.
Even if a lawyer's interests and a client's interests are aligned on a specific procedural aspect of a case, a conflict of interest can still exist if their interests diverge on a related but distinct issue, as illustrated in the Govinda Nair case.
Explain how the case of Law Society of Singapore and Malcolm Tan exemplifies a conflict of interest arising from a lawyer's dual roles and competing duties, specifically concerning investment schemes.
Explain how the case of Law Society of Singapore and Malcolm Tan exemplifies a conflict of interest arising from a lawyer's dual roles and competing duties, specifically concerning investment schemes.
In the context of prohibited borrowing transactions, the case of Law Society of Singapore and Christopher Yub underscores that a client is considered 'vulnerable' because the solicitor enjoys a position of __________ over the client.
In the context of prohibited borrowing transactions, the case of Law Society of Singapore and Christopher Yub underscores that a client is considered 'vulnerable' because the solicitor enjoys a position of __________ over the client.
In Law Society of Singapore and Ong Paek Kee, although the lender did not formally engage Mr. Ong as her solicitor, she was still considered a 'client' under the conflict of interest rules because:
In Law Society of Singapore and Ong Paek Kee, although the lender did not formally engage Mr. Ong as her solicitor, she was still considered a 'client' under the conflict of interest rules because:
According to professional conduct rules, the duty to avoid conflicts of interest is solely applicable to the legal practitioner directly engaged by the client and does not extend to immediate family members or related entities.
According to professional conduct rules, the duty to avoid conflicts of interest is solely applicable to the legal practitioner directly engaged by the client and does not extend to immediate family members or related entities.
Describe a fictitious scenario, distinct from the cases discussed, in which a legal practitioner might inadvertently find themselves in a conflict of interest during a seemingly routine client interaction, and explain the principle being violated.
Describe a fictitious scenario, distinct from the cases discussed, in which a legal practitioner might inadvertently find themselves in a conflict of interest during a seemingly routine client interaction, and explain the principle being violated.
Rules 23 to 25 of the professional conduct rules specifically address prohibited transactions, encompassing borrowing transactions, purchases from clients, and __________ from clients.
Rules 23 to 25 of the professional conduct rules specifically address prohibited transactions, encompassing borrowing transactions, purchases from clients, and __________ from clients.
When a legal practitioner discovers a potential conflict of interest after initially accepting a client, the most ethically sound course of action, barring exceptional circumstances, is to:
When a legal practitioner discovers a potential conflict of interest after initially accepting a client, the most ethically sound course of action, barring exceptional circumstances, is to:
In all instances of conflict of interest, withdrawal from representation is the only ethically permissible course of action for a legal practitioner, irrespective of client consent or mitigating disclosures.
In all instances of conflict of interest, withdrawal from representation is the only ethically permissible course of action for a legal practitioner, irrespective of client consent or mitigating disclosures.
In jurisdictions adhering to professional conduct rules analogous to Rules 22-25, under what highly circumscribed condition may a legal practitioner proceed with representing a client despite a discernible conflict of interest, assuming full and frank disclosure has been meticulously executed?
In jurisdictions adhering to professional conduct rules analogous to Rules 22-25, under what highly circumscribed condition may a legal practitioner proceed with representing a client despite a discernible conflict of interest, assuming full and frank disclosure has been meticulously executed?
Within the ambit of professional conduct rules governing conflict of interest, the proscription against acting for a client when a conflict exists extends solely to the individual legal practitioner and does not encompass their immediate family members or affiliated entities.
Within the ambit of professional conduct rules governing conflict of interest, the proscription against acting for a client when a conflict exists extends solely to the individual legal practitioner and does not encompass their immediate family members or affiliated entities.
Articulate the critical distinction, as elucidated by the Court of Three Judges in the case of Law Society of Singapore versus Loh Yong Sen, between an 'interest in any matter' that mandates disclosure and withdrawal, and a permissible 'interest in fees charged' in the context of solicitor-client relationships.
Articulate the critical distinction, as elucidated by the Court of Three Judges in the case of Law Society of Singapore versus Loh Yong Sen, between an 'interest in any matter' that mandates disclosure and withdrawal, and a permissible 'interest in fees charged' in the context of solicitor-client relationships.
In the scenario of a legal practitioner contemplating the engagement of a third-party service provider, such as a freelance secretarial service, the permissibility of this arrangement, as underscored in Respondent Lawyers' decision, hinges primarily upon ensuring that the client's _________ remains uncompromised.
In the scenario of a legal practitioner contemplating the engagement of a third-party service provider, such as a freelance secretarial service, the permissibility of this arrangement, as underscored in Respondent Lawyers' decision, hinges primarily upon ensuring that the client's _________ remains uncompromised.
Match the following case scenarios with the primary principle of conflict of interest they exemplify:
Match the following case scenarios with the primary principle of conflict of interest they exemplify:
Consider a hypothetical scenario where a legal practitioner provides pro bono welfare assistance, including a loan for daily living expenses, to a foreign worker client pursuing a claim. Which of the following best describes the most acute conflict of interest arising from this arrangement?
Consider a hypothetical scenario where a legal practitioner provides pro bono welfare assistance, including a loan for daily living expenses, to a foreign worker client pursuing a claim. Which of the following best describes the most acute conflict of interest arising from this arrangement?
In instances where a client intends to bestow a significant gift upon their legal practitioner, compliance with professional conduct rules is sufficiently ensured if the practitioner verbally advises the client to seek independent legal counsel prior to the gift's execution.
In instances where a client intends to bestow a significant gift upon their legal practitioner, compliance with professional conduct rules is sufficiently ensured if the practitioner verbally advises the client to seek independent legal counsel prior to the gift's execution.
Elaborate on the 'suggested approach' articulated by the court in Law Society of Singapore and Wan Hui Hong James concerning significant gifts from clients to legal practitioners, specifically addressing the procedural steps necessary to mitigate potential conflicts of interest.
Elaborate on the 'suggested approach' articulated by the court in Law Society of Singapore and Wan Hui Hong James concerning significant gifts from clients to legal practitioners, specifically addressing the procedural steps necessary to mitigate potential conflicts of interest.
According to the court's interpretation in the context of client gifts, a 'significant gift' is not solely defined by its absolute value but also by its _________ relative to the client's financial standing and the reasonable expectations of other beneficiaries.
According to the court's interpretation in the context of client gifts, a 'significant gift' is not solely defined by its absolute value but also by its _________ relative to the client's financial standing and the reasonable expectations of other beneficiaries.
In the absence of independent legal advice regarding a substantial gift from a client, what is the ethically mandated course of action for a legal practitioner, according to the judicial pronouncements discussed?
In the absence of independent legal advice regarding a substantial gift from a client, what is the ethically mandated course of action for a legal practitioner, according to the judicial pronouncements discussed?
A psychiatric evaluation of a client's competency is never a necessary prerequisite, even when dealing with substantial gifts, as long as the client verbally affirms their understanding and voluntary intent.
A psychiatric evaluation of a client's competency is never a necessary prerequisite, even when dealing with substantial gifts, as long as the client verbally affirms their understanding and voluntary intent.
Explain the nuanced distinction between 'alignment of interests' and 'non-alignment of interests' as exemplified in the case of Maulana Bhatim of Singapore and Govinda Nair, specifically concerning the duty of disclosure and the consequences of non-disclosure.
Explain the nuanced distinction between 'alignment of interests' and 'non-alignment of interests' as exemplified in the case of Maulana Bhatim of Singapore and Govinda Nair, specifically concerning the duty of disclosure and the consequences of non-disclosure.
In situations where a legal practitioner is faced with a conflict of interest, proceeding without full and frank disclosure and informed consent from the client can lead to __________ action and potential _________ .
In situations where a legal practitioner is faced with a conflict of interest, proceeding without full and frank disclosure and informed consent from the client can lead to __________ action and potential _________ .
Mr. Tan in Law Society of Singapore and Malcolm Tan engaged in conduct deemed to be a conflict of interest by primarily:
Mr. Tan in Law Society of Singapore and Malcolm Tan engaged in conduct deemed to be a conflict of interest by primarily:
Mrs. Lee in North Society of Singapore and Nishat Phan was ultimately convicted of professional misconduct based on the establishment of a solicitor-client relationship with her father-in-law.
Mrs. Lee in North Society of Singapore and Nishat Phan was ultimately convicted of professional misconduct based on the establishment of a solicitor-client relationship with her father-in-law.
In the context of Law Society of Singapore at Ong Paek Kee, explain how the 'lender,' despite not formally engaging Mr. Ong as her solicitor in the conventional sense, was still considered a 'client' under the professional conduct rules pertaining to conflict of interest.
In the context of Law Society of Singapore at Ong Paek Kee, explain how the 'lender,' despite not formally engaging Mr. Ong as her solicitor in the conventional sense, was still considered a 'client' under the professional conduct rules pertaining to conflict of interest.
Rule 22 of the professional conduct rules primarily sets out the _________ principles for legal practitioners concerning conflict of interest, while Rules 23 to 25 deal specifically with prohibited _________ transactions, purchases, and gifts from clients.
Rule 22 of the professional conduct rules primarily sets out the _________ principles for legal practitioners concerning conflict of interest, while Rules 23 to 25 deal specifically with prohibited _________ transactions, purchases, and gifts from clients.
Which of the following best encapsulates the overarching rationale behind professional conduct rules designed to mitigate conflicts of interest for legal practitioners?
Which of the following best encapsulates the overarching rationale behind professional conduct rules designed to mitigate conflicts of interest for legal practitioners?
The duty to avoid conflicts of interest in legal practice is exclusively concerned with conflicts arising from relationships with third parties, and does not extend to conflicts between the lawyer's own interests and the client's interests.
The duty to avoid conflicts of interest in legal practice is exclusively concerned with conflicts arising from relationships with third parties, and does not extend to conflicts between the lawyer's own interests and the client's interests.
Define 'full and frank disclosure' within the context of conflict of interest management in legal practice and explain why it is considered a cornerstone of ethical conduct in such situations.
Define 'full and frank disclosure' within the context of conflict of interest management in legal practice and explain why it is considered a cornerstone of ethical conduct in such situations.
Flashcards
Guiding Principles
Guiding Principles
Legal practitioners owe duties of loyalty and confidentiality to their clients.
Conflict of Interest
Conflict of Interest
Rules preventing a lawyer from acting if there's a conflict between serving the client's best interests and the lawyer's or law practice's interests.
Adverse Interest
Adverse Interest
Withdrawal is necessary when a legal practitioner has an interest adverse to the client, unless full disclosure and informed written consent are obtained.
Define 'Interest'
Define 'Interest'
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Personal Relationships
Personal Relationships
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Gifts from Clients
Gifts from Clients
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Gifts - Lawyer's duty
Gifts - Lawyer's duty
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Refusing the Gift
Refusing the Gift
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Full And Frank Disclosure
Full And Frank Disclosure
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Professional Conduct Rules (22-25)
Professional Conduct Rules (22-25)
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Discharging duties to a client
Discharging duties to a client
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Overcharging vs. Conflict
Overcharging vs. Conflict
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Understanding Conflict of Interest
Understanding Conflict of Interest
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Client Competency and Mental Illness
Client Competency and Mental Illness
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Client Vulnerability
Client Vulnerability
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Purchases from Clients
Purchases from Clients
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Independent Advice Procedure
Independent Advice Procedure
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Personal Interest vs Client's Best
Personal Interest vs Client's Best
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Study Notes
Overview of Conflicts Between Legal Practitioners/Law Practices and Clients
- Professional conduct rules 22-25 govern conflicts of interest.
- Rule 22 outlines guiding principles and prohibits conflicts of interest.
- Rules 23-25 address prohibited borrowing transactions, purchases, and gifts from clients.
Guiding Principles
- A legal practitioner owes duties of loyalty and confidentiality to the client.
- The law practice owes similar duties.
- Practitioners and practices must avoid actions impacting the client relationship due to conflicts/potential conflicts.
- Conflicts of interest pertain to the interests of the law practice/practitioner, not third parties.
- Legal professionals should not act if there's a conflict between serving the client's best interest and their own/the practice's interest.
- Scenario:* A law firm advises a client on a property purchase but fails to disclose that a partner in the firm owns the development company selling the property. This is a conflict of interest because the firm's interest in the success of the development conflicts with their duty to secure the best possible deal for their client.
Scope of Conflict
- Conflicts of interest extend to the immediate family members of the legal practitioner.
- Scenario:* A lawyer's spouse owns a business that competes directly with the client's business. Any advice given to the client could inadvertently benefit the lawyer's spouse, creating a conflict.
Procedure When a Conflict Arises
- If a legal practitioner/practice has an adverse interest in a client's matter, they must withdraw representation.
- Continuing representation is possible with full and frank disclosure to the client.
- The client needs advice to obtain independent legal advice.
- You will have to ensure the client understands they are not under the impression that their interests are still protected.
- It requires written, informed consent from the client.
- Withdrawal is mandatory without full disclosure and informed written consent from the client.
- Scenario:* A lawyer realizes their firm represents another client whose interests directly oppose those of their current client. They must immediately disclose this conflict to the client and follow procedures for withdrawal or obtaining informed consent, ensuring the client understands the firm's divided loyalties.
Case Example: Law Society of Singapore versus Loh Yong Sen
- The respondent lawyer was engaged in a convening transaction and used a freelance secretary, X, for searches and requisitions.
- The lawyer billed for services through HBS, owned by his brother, leading to a complaint of overcharging by the client.
- The lawyer was guilty of a conflict of interest for failing to disclose his brother's interests in the matter.
- The lawyer was also guilty of overcharging, which resulted in having show cause to the court.
- An interest in the matter doesn't include an interest in fees charged, but refers to the substantive matter entrusted by the client.
- Engaging X was not inherently a conflict if the client's interests weren't compromised.
- Overcharging breaches a duty of care, but doesn't necessarily constitute a conflict of interest.
- Scenario:* A solicitor outsources conveyancing work without compromising the client's position, this is deemed acceptable.
Case Example: Thanh Khet Khun and Arjun Pramaman Samthani
- The plaintiff sued for solicitor client costs, and the defendant challenged the reasonableness of the costs.
- The court ruled that rules for conflict of interest are for client protection.
- Only the aggrieved party can intervene.
- A third party cannot intervene.
- An injunction was dismissed because the issue was between the plaintiff and their solicitors, with no standing for third parties to intervene.
Case Example: Law Society of Singapore vs Uday Kumar
- The complainant and ex-husband want to sell their flat and contacted a housing agent.
- The agent worked at a company 49% owned by the ex-husband, who was a moneylender.
- The complainant told the agent she needed $10,000 to settle debts.
- The agent introduced the couple to ex, who offered a loan contingent on the complainant hiring the respondent lawyer for the sale.
- Signed documents authorized the lawyer to sell the flat and documented an additional $9,000 loan.
- The documents authorized the respondent's firm to pay $19,000 plus interest to the moneylender from the sale proceeds.
- The complainant revoked the firm's authority post-sale.
- The moneylender sued the complainant, and a settlement was reached.
- The lawyer was guilty for failing to advance the complainant's interest because of his own interests and the third party interests.
- A lawyer can face a conflict of interest situation.
- Insufficient evidence to prove the respondent lawyer had a relationship with X and the licensed moneylender.
- Insufficient evidence to prove the lawyer knew X owned 49% of the estate company.
- No basis to conclude there was a conflict of interest.
- Being willfully blind to a potential conflict of interest that could reasonably have been raised would result in a guilty charge.
- Scenario: A solicitor who recommended a moneylender to a client would be guilty of the conflict of interest.
Case Example: Law Society of Singapore and Tan Pui Keang
- The complainant hired an agent to sell a flat and needed funds for a new one.
- The agent introduced them to a moneylender.
- Documents were signed at the moneylender's lawyer's office, with the disbursed amount differing from the documentation.
- The complainant, accompanied by another agent, signed documents at the respondent lawyer's office.
- The documents appointed ex as their attorney in the sale.
- A statutory declaration authorized payments to the second estate agent, their company, the moneylender, the respondent's firm, and a third party.
- The lawyer placed himself in an actual or potential conflict of interest by not informing the client and was convicted.
- There was an intricate web of previous relationships to the 2nd estate company and moneylender.
- Failure to inquire and advise resulted in payments of a peculiar nature from the respondent's other standing clients.
- He placed his interest in receiving future referrals and those with the estate agent before the clients.
- The lawyer was suspended for two years for this.
Case Example: Ho Con Kim and Betsy Lim
- Wong acted for Ho in a transaction that lead to a dispute.
- Ho sued Lim as well as the law firm and the bank.
- Ponyar dismissed her claim, and Ponyar and Wong were ordered to pay the costs.
- Ho's appeal was allowed with the order dismissed as it was not unreasonable.
- Ponyer and Wong should not have acted for Ho because they had a personal interest as their firm acted for Ho in the transaction that lead to the dispute.
- Wong handled the matter poorly by by failing to advise legal advice.
- They should have discharged themselves as legal counsel.
Sexual Relations and Welfare Assistance
- Personal/sexual relationships between solicitors and clients are inappropriate.
- If solicitors are becoming too involved in a client's personal affairs it can be a conflict of interest.
- Scenario:* A lawyer dating a client, offering advice on a divorce case where the lawyer personally benefits.
- Lending money can create conflict that may seriously prejudice you.
- Scenario:* A law practice lends money to its clients of foreign workers who are on claims because it places a personal conflict of interest between the advocate and solicitor because there is a creditor and debtor.
- This places the practitioner in a conflict of interest because of a success fee.
Prohibited Borrowing Transections
- Law Society of Singapore and Christopher Yub Case:
- Representing his nephew and requested a loan without advice.
- Did not repay the loan and found guilty after his nephew complained.
- Due to the influence on the client, the client may find it difficult to deny the advocate and solicitor for a loan.
- A loss will be an aggravating factor towards the advocate and solicitor.
Case Example: Wee Soon Kim Anthony and Law Society of Singapore
- The lawyer discharged the legal counsel and borrowed money from the client.
- This resulted in a $2000 dollar fine
- The loan was made on account of their freindship.
- No evidence that the respondent has exercised undue influence or taken advantage of the complainant.
- Had considerable legal and commercial experience.
- No way to appeal as the the loan transaction was exempt.
- Can only appeal by seeking judical review.
Case Example: Law Society of Singapore and Thirumuthi
- The complainant lent $19,000 to his legal advisor but the Tribunal only had evidence of $11,000.
- Also carried on business as a moneylender.
- There was cause of sufficient gravity and action was taken by the courts.
Purchases from Clients & Gifts
- Subject to the law of fiduciary relationships.
- Purchase is at the prevailing market price or it is priced reasonably.
- Must obtain an independent valuation of the goods.
- Need to verify the practitioner has not unfairly exercised influence over the client.
- It will show that the law practice or practitioner has not unfairly exercised influence over the client.
- Gifts from client must be significant gifts.
- Cannot act in relation for the client for the gift.
- Advise the client to obtain independent advisors for the gift.
- If you don't know what you're doing, just act like you're doing the right thing.
- Case Example: Law Society of Singapore and Wan Hui Hong James
- Because the owner, X, suffered from mental incapacity, she was eventually placed in a home.
- A certificate was put in her name however, she was unable to locate it.
- The lawyer was intstructed to act superintendent for X.
- Obtained power of attorney and then the lawyer obtained all of her assets though her will.
- He would then sell the property and X stated she wished to keep $500,000 from the sale.
- After audits of the home, the chamber made a complaint that the advocate and solicitor had failed to seek outside legal advice.
- He was struck off because he was dishonest and there was no legal advice.
- A significant gift means significant to the one giving and receiving the gift.
- You will have to give the client full legal explanation.
- The client should nominate an independently advisor and solicitor and obtain written conformation.
- Should the client decline to seek independent advice, insist while reinstating the independence. If it is not proper decline the gift and decline to represent.
- Need a psychiatric evaluation if the client has mental illnesses to understand.
Case Example: Law Society of Singapore and Manjit Singh
- The lawyer received $1.8 million dollars.
- It was disbelieved because no independent advice was given.
Case Example: Maulathe case of Maulana Bhatim of Singapore and Govinda Nair
- Mr. Nair faield to file his defence and did not come clean.
- He tried to persuade the client as he didn't show the negligence that has occurred.
- All of these actions was contrary to Mr. Nair's interest.
- A full and frank disclosure with external representation must occur for him to continue acting.
Case Example: Malcolm Tan
- Practiced with a firm.
- Also owned Blue Sky Group that provides real estate.
- The investment would be overseen by Malcolm and be the advisor for the whole transaction.
- Malcolm had placed himself in a position where his duty to his client's best interest was in conflict with his own (Convicted).
- His concern was his own and not to have his investment be safeguarded in accordance with what was given to him.
North Society of Singapore and Nishat Phan Case
- Because their was not a solicitor relationship the charges were not made out and were undermining.
- Divided Loyalties will be a patent to them.
Law Society of Singapore at Ong Paek Kee Case
- Ong entered into a consultancy agreement with a company to sell and use the company's product.
- Invited people to contribute with commission and Mr. Ong and the lender had formed an new agreement.
- Stated that the lender was making an investment.
- It was found that the lender was not at risk.
- Scenario: Suppose Mr. Ong guaranteed the loan regardless of the commission, this would be improper.
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