SINGAPORE: A lawyer found guilty of breaching legal
profession rules by a tribunal last week is set to face
disciplinary action by the Court of Three Judges.
Mr James Wan had failed to advise his client, Mdm
Chiang Choy Peng, to seek independent legal advice in respect of
her intended monetary gift to him, according to the disciplinary
tribunal's report.
Under the Legal Profession Rules, a lawyer or any
member of his firm must not act for the client if the client
intends to make a significant gift by will.
The Court of Three Judges, which is empowered to discipline
lawyers, has the power to suspend, fine or strike a lawyer off the
rolls if found guilty of serious misconduct.
The complaint by the Attorney-General arose following a 2009 audit
of the Bukit Batok Home for the Aged where Mdm Chiang, a former
patient at Woodbridge Hospital, then resided.
The Auditor-General's Office discovered that Mdm Chiang had
received only S$500,000 from the sale proceeds of her property in
Siglap that was sold for S$960,000.
In 2001, Mdm Chiang had engaged Mr Wan to retrieve her Deed of
Conveyance and had, on Mr Wan's advice, given him the Power of
Attorney to sell her property.
The disciplinary tribunal, comprising Mr Goh Joon Seng and Mr Tony
Yeo, found that Mdm Chiang was not aware of the S$1.1 million
valuation of the house when she drew up a letter to Mr Wan.
The letter stated that she only needed S$500,000 from the sale
proceeds and that Mr Wan could keep any amount above that as a
reward for helping her recover her property.
The tribunal also found that Mr Wan had "manipulated" Mdm Chiang
into accepting only that amount and that she did not know how much
her property had been sold for in 2002.
Mr Wan was also ordered to pay S$10,000 for the cost of the
disciplinary proceedings.
- TODAY