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Summary of Disciplinary Committee Reports |
Findings and Determination
of the Disciplinary Committee
Pursuant
to s 93(5) of the Legal Profession Act (Cap 161) (‘the Act’), the Council of
the Law Society is required to publish the findings and determination of the
Disciplinary Committee in The Singapore Law Gazette or in such other
media as the Council may determine to adequately inform the public of the same.
This
summary is published pursuant to the requirements of section 93(5) of the Act.
In
the Matter of Chung Kok Soon, an Advocate and Solicitor
1 The
Disciplinary Committee (‘DC’) found no cause of sufficient gravity exists
for disciplinary action against Mr Chung Kok Soon (‘Respondent’) under
section 83 of the Legal Profession Act (Cap 161) (‘Act’) but recommended
that the solicitor should be reprimanded under the Act and ordered he pay costs
of the Law Society. Council has agreed with the determination of the DC and has
reprimanded the solicitor and will proceed to recover costs from him.
2 The
Respondent was charged with the following two charges:
First Charge
That Chung Kok Soon is guilty of grossly improper conduct in the
discharge of his professional duty within the meaning of section 83(2)(b) of the
Act in that he on the 24 May 2001 wrongfully breached his agreement with his
clients The Management Corporation Strata Title Plan No 2131 (‘MC’) and
wrongfully exerted pressure on the MC to pay his bill for $30,000 which he had
issued on the 3 May 2001 by threatening the MC that he would suspend all work
being done on the matter the MC had instructed him on unless he was paid when by
the said agreement payment was not
due yet.
Alternative First Charge
That Chung Kok Soon is guilty of misconduct unbefitting an Advocate and
Solicitor as a Member of an honourable profession within the meaning of section
83(2)(h) of the Act in that he on the 24 May 2001 wrongfully breached his
agreement with his clients The Management Corporation Strata Title Plan No 2131
(‘MC’) and wrongfully exerted pressure on the MC to pay his bill for $30,000
which he had issued on the 3 May 2001 by threatening the MC that he would
suspend all work being done on the matter the MC had instructed him on unless he
was paid when by the said agreement payment was not due yet.
Second Charge
That Chung Kok Soon is guilty of misconduct unbefitting an Advocate and
Solicitor as a Member of an honourable profession within the meaning of section
83(2)(h) of the Act in that he used the words ‘mindless’, ‘boorish’ and
‘untutored mind’ against his clients. The Management Corporation Strata
Title Plan No 2131 (‘MC’) and/or the MC’s representatives in his letters
of the 31 May 2001 and the 6 August 2001.
3
The DC found the Respondent guilty of the First Alternative Charge as he
had wrongfully breached his agreement with his clients the MC, and wrongfully
exerted pressure on the MC to pay his bill for $30,000 before it was due. The
Respondent’s agreement with the MC was that he would be paid when the writ was
filed, and it had been contemplated that the writ would be filed on 20 June
2001.By threatening the MC that he would suspend all work being done on the
matter unless he was paid, the Respondent was paid before the writ was issued.
4 The DC also found the Respondent guilty of the Second Charge as
they concluded that the Respondent’s rudeness in the material letters
addressed to one Seah Hok Sui, clearly fell short of what was expected of him as
a professional man.