The Law Society of Singapore has taken out an application against Lawyer A, under section 94A read with section 98(1) of the Legal Profession Act, Singapore

Question 1

The Law Society of Singapore has taken out an application against Lawyer A, under section 94A read with section 98(1) of the Legal Profession Act, to show cause before a court of 3 judges as to why he should not be struck off, suspended or censured.

Lawyer A has come to your office to instruct you to act for him in the matter.

Your instructions are as follows:

Lawyer A is an advocate and solicitor of 25 years standing.

On 20 October 2018, at about 8 pm, he was at Isetan Department Store at Orchard Road when he was caught for shoplifting. He merely took 2 silk ties worth only $89 each.

Lawyer A was under tremendous stress at work at the material time. In fact, he had been diagnosed with “Severe Stress Disorder” and was under medication.

His condition is supported by a medical report. The medical report stated that although Lawyer A ‘retained the ability to distinguish between right and wrong…the stress had caused a significant increased risk of psychological dysfunction which manifested itself in the irrational acts that he had committed’.

On 15 November 2018, he pleaded guilty to and was convicted on one count of theft in a dwelling place punishable under section 380 of the Penal Code (Cap.224).

He was sentenced to 4 weeks’ imprisonment, which sentence he has since served.

In mitigation, he also wishes to highlight that he did not claim trial at the criminal proceedings, and he is remorseful.

Lawyer A also pointed out that the offense was not committed in his capacity as a solicitor.

Advice Lawyer A.