SINGAPORE: Lawyer and opposition politician Lim Tean was given six weeks’ jail and a S$1,000 (US$745) fine on Monday (Feb 17) for practising law when he did not have a valid certificate.
He will start his jail term on Mar 3, after the court granted his lawyer’s request to defer his sentence.
Lim, 60, also faces four other charges, including criminal breach of trust as an attorney and unlawful stalking, that are pending before the court.
In the present case, Lim was convicted in July 2024 by Senior District Judge Ong Hian Sun after a trial.
He was found guilty of three charges under the Legal Profession Act for acting as an advocate and solicitor without authorisation between Apr 1, 2021, and Jun 9, 2021.
Lim's practising certificate was issued only on Jun 10, 2021.
In the two months prior, Lim carried on or defended court proceedings on 32 occasions and prepared documents or instruments relating to proceedings as many times
Lim's lawyer Patrick Fernandez argued that the practising certificate stated that Lim had been "authorised to practise as an advocate and solicitor in Singapore during the practice year terminating on Mar 31, 2022".
This practice year, which was from Apr 1, 2021, to Mar 31, 2022, would have captured the period when Lim was accused of acting as a lawyer without authorisation, the defence argued.
The defence argued that Lim did not intend to commit the offences, or that he had exercised reasonable care.
Mr Fernandez said Lim made it clear to the Law Society that he did not have a practising certificate and asked if he could still go to court. He was told that he could but he had to inform the judge.
Lim said that he had informed the judges of this matter during court proceedings, but that the exchange was not captured in transcripts.
However, Judge Ong ruled that there was no ambiguity in the relevant section of the Legal Profession Act, and that Lim had failed to show how he could have been mistaken in his interpretations.
Deputy Public Prosecutors Ng Yiwen, Edwin Soh and Bryan Wong sought between five and eight months' jail.
They argued that the court's sentence should reflect the need to protect the public from unauthorised people claiming to provide legal services, and signal disapproval of Lim's "glaring lack of remorse".
Defence lawyer Mr Fernandez asked for a total fine of S$4,500, arguing that the scale of Lim's actions did not meet the threshold for imprisonment.
On Monday, the judge agreed with the prosecution that Lim had not shown any remorse, and exposed his clients to the risk of having no recourse to professional liability insurance.
"He had in the process deceived his clients, other lawyers, public officers and the judges," said Judge Ong.
As a lawyer for many years, Lim should have known that when his practising certificate expired on Mar 31, 2021, he had up to the end of April to renew it, failing which he would be deemed to be practising as an unauthorised person, said the judge.
For acting as a lawyer without a valid practising certificate under the Legal Profession Act, Lim could have been jailed for up to six months, fined up to S$25,000, or both.
Lim still stands accused of misappropriating S$30,000 that was entrusted to him between Nov 14, 2019, and Dec 4, 2019.
According to police, this sum was awarded to his former client as a settlement in a motor injury civil suit.
He also faces a charge of harassing a former employee of his law firm in 2020, including by allegedly sending flirtatious text messages.
Lim previously indicated through his lawyer that he intends to contest these charges. His case is slated for a pre-trial conference on Mar 3.
Lim is the founder of the Peoples Voice party and the secretary-general of the People's Alliance for Reform, a grouping of opposition parties.
In the 2020 General Election, he led a four-man team from PV that lost to the People's Action Party in Jalan Besar Group Representation Constituency.
Lim's sentence does not reach the threshold for disqualification to run for election to become a member of parliament (MP).
Under the Constitution, anyone fined at least S$10,000 or jailed at least one year for a single offence is disqualified from running for election to become an MP.
Continue reading...
He will start his jail term on Mar 3, after the court granted his lawyer’s request to defer his sentence.
Lim, 60, also faces four other charges, including criminal breach of trust as an attorney and unlawful stalking, that are pending before the court.
In the present case, Lim was convicted in July 2024 by Senior District Judge Ong Hian Sun after a trial.
He was found guilty of three charges under the Legal Profession Act for acting as an advocate and solicitor without authorisation between Apr 1, 2021, and Jun 9, 2021.
Lim's practising certificate was issued only on Jun 10, 2021.
In the two months prior, Lim carried on or defended court proceedings on 32 occasions and prepared documents or instruments relating to proceedings as many times
Lim's lawyer Patrick Fernandez argued that the practising certificate stated that Lim had been "authorised to practise as an advocate and solicitor in Singapore during the practice year terminating on Mar 31, 2022".
This practice year, which was from Apr 1, 2021, to Mar 31, 2022, would have captured the period when Lim was accused of acting as a lawyer without authorisation, the defence argued.
The defence argued that Lim did not intend to commit the offences, or that he had exercised reasonable care.
Mr Fernandez said Lim made it clear to the Law Society that he did not have a practising certificate and asked if he could still go to court. He was told that he could but he had to inform the judge.
Lim said that he had informed the judges of this matter during court proceedings, but that the exchange was not captured in transcripts.
However, Judge Ong ruled that there was no ambiguity in the relevant section of the Legal Profession Act, and that Lim had failed to show how he could have been mistaken in his interpretations.
Deputy Public Prosecutors Ng Yiwen, Edwin Soh and Bryan Wong sought between five and eight months' jail.
They argued that the court's sentence should reflect the need to protect the public from unauthorised people claiming to provide legal services, and signal disapproval of Lim's "glaring lack of remorse".
Defence lawyer Mr Fernandez asked for a total fine of S$4,500, arguing that the scale of Lim's actions did not meet the threshold for imprisonment.
On Monday, the judge agreed with the prosecution that Lim had not shown any remorse, and exposed his clients to the risk of having no recourse to professional liability insurance.
"He had in the process deceived his clients, other lawyers, public officers and the judges," said Judge Ong.
As a lawyer for many years, Lim should have known that when his practising certificate expired on Mar 31, 2021, he had up to the end of April to renew it, failing which he would be deemed to be practising as an unauthorised person, said the judge.
For acting as a lawyer without a valid practising certificate under the Legal Profession Act, Lim could have been jailed for up to six months, fined up to S$25,000, or both.
Lim still stands accused of misappropriating S$30,000 that was entrusted to him between Nov 14, 2019, and Dec 4, 2019.
According to police, this sum was awarded to his former client as a settlement in a motor injury civil suit.
He also faces a charge of harassing a former employee of his law firm in 2020, including by allegedly sending flirtatious text messages.
Lim previously indicated through his lawyer that he intends to contest these charges. His case is slated for a pre-trial conference on Mar 3.
Lim is the founder of the Peoples Voice party and the secretary-general of the People's Alliance for Reform, a grouping of opposition parties.
In the 2020 General Election, he led a four-man team from PV that lost to the People's Action Party in Jalan Besar Group Representation Constituency.
Lim's sentence does not reach the threshold for disqualification to run for election to become a member of parliament (MP).
Under the Constitution, anyone fined at least S$10,000 or jailed at least one year for a single offence is disqualified from running for election to become an MP.
Continue reading...