lss_dt_reports: 35

Data source: lawgazette.com.sg · About: choco-up/sg-law-archive-data

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35 bc6fe88667e3c9089b18a6ec87d3ee0f263bac26 In the Matter of Joseph Chen Kok Siang, an Advocate and Solicitor. In the Matter of Joseph Chen Kok Siang, an Advocate and Solicitor. The Disciplinary Tribunal determined under section 93(1)(b) of the Legal Profession Act that, whilst no cause for sufficient gravity exists for disciplinary action under section 83 of the Act, the Respondent should be reprimanded. The Respondent rendered an invoice to his client for $35,000 for professional fees contrary to the agreed fees of $8,000 without first informing his client of any change in circumstances, in breach of sections 111 and 112(3) of the Legal Profession Act read with Rule 35 of the Legal Profession (Professional Conduct) Rules. Findings of the Disciplinary Tribunal (“DT”) The DT observed how this case illustrates the importance of having clear fee arrangements, which reflect the course of litigation and the consequent work done. As a principle, in setting out agreed or capped fees in their engagement, solicitors should: Clearly identify the stage of work such agreed/capped fees apply to; Set out the agreed/capped fees at each stage so that the effect of any unexpected event does not impact on the fees to be charged beyond that stage; Clearly identify the circumstances in which the agreed/capped fee arrangement can be changed and the process for change and notification; and Use clear, simple and unambiguous language in communicating with the client, particularly in matters involving fees. Nonetheless, the DT observed that the costs of $35,000 levied by the Respondent commensurate with the work done and is not excessive The Council’s Decision Council accepted and adopted the findings and recommendation of the DT and accordingly reprimanded the Respondent. Costs was fixed at $5,000 plus reasonable disbursements to be paid by the Respondent to the Law Society.     2018-02-07T04:00:40+00:00 https://lawgazette.com.sg/notices/disciplinary-tribunal-reports/dtr-feb-2018/ In the Matter of Joseph Chen Kok Siang, an Advocate and Solicitor._https://lawgazette.com.sg/notices/disciplinary-tribunal-reports/dtr-feb-2018/ 961

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