Can I File a Complaint Against My Lawyer in Singapore?

While the legal profession is built on principles of integrity, competence, and service, there may be occasions where a lawyer’s conduct does not meet the standards expected of the profession. Such conduct can give rise to valid concerns from clients and members of the public alike.

In Singapore, the Law Society of Singapore provides a formal process for individuals to lodge complaints against lawyers whose conduct may fall short of professional standards. However, this process may appear complex or daunting to those unfamiliar with it.

This article seeks to outline the complaint process by explaining the grounds on which a complaint may be made, highlighting the steps involved, and clarifying the possible outcomes under the Law Society’s regulatory framework.

In this article, the following points will be covered:

• Whether a complaint can be filed against a lawyer, including those you have not personally engaged
• The types of complaints that may be brought against a lawyer
• The process involved in making a complaint
• How the complaint will be managed
• Whether compensation can be awarded for financial losses resulting from a lawyer’s dishonesty

Can I File a Complaint Against a Lawyer in Singapore?

If you face inadequate professional service or misconduct by your lawyer, you may lodge a complaint with the Law Society of Singapore (LSS), which is the body that regulates Singapore lawyers and ensures they comply with the Legal Profession (Professional Conduct) Rules 2015 (the Rules). The LSS will then investigate the matter in accordance with the Legal Profession Act (LPA).

A complaint against a lawyer must be brought on grounds provided for in the Rules. It is not sufficient to make a complaint simply because you are dissatisfied with the outcome of your case or on frivolous matters, such as being unsatisfied with the strategy your lawyer has used or feeling as though your lawyer was rude to you, even though your lawyer still acted professionally.

For a complaint to be valid and have effect, it must show that the lawyer’s conduct breached a particular rule in the Rules.

What Kind of Complaints Can be Brought Against a Lawyer in Singapore?

There are two types of complaints that can be made against a lawyer:

1. Inadequate Professional Service
2. Professional Misconduct

The complaint can be made under either category or under both types of complaints.

1. Inadequate Professional Service (section 75B of LPA)

Inadequate professional service occurs where the service of a lawyer falls short of standards of good customer care as outlined in the Rules. Professional misconduct generally refers to the conduct of a lawyer that falls below the standard expected in an honourable profession. While a complaint for inadequate professional service can only be made against the lawyer you are engaging/have engaged, a complaint for professional misconduct can be made against any lawyer.

The standards of professional service include:

• Providing diligent legal service to client;
• Ensuring a lawyer is competent to represent his client;
• Completing work within a reasonable time;
• Keeping the client informed on the progress of the case;
• Promptly acknowledging receipt of client’s money or securities;
• Promptly providing statement of accounts to the client;
• Promptly responding to client’s calls or keepingappointments made with client;
• Explaining to the client important developments in his case
• Explaining to the client the manner in which the lawyer would charge for services, explaining payments required to be made, providing an estimate of fees and delivering bills of costs to the client at regular intervals; and
• Discussing with the client the possible risks or expenses of proceedings arising from the case.

If the lawyer you are engaging or have engaged in failed to meet any of these standards, you may submit a complaint to the LSS. It must be noted that you can only make a complaint against a lawyer and not against a law practice.

The conduct in question must have taken place within three years prior to filing the complaint. Additionally, you must first attempt to resolve the issue directly with your lawyer and only file the complaint if those efforts are unsuccessful.  Some examples of effort to resolve matters could include emailing your lawyer, who has been tardy in completing work and expressing your concerns and clarifying expectations. If your lawyer still does not meet those expectations, you may use those emails as evidence to show that you have taken reasonable steps to address the issue directly before filing a formal complaint.

2. Professional Misconduct (section 85 of LPA) 

Professional misconduct may include:

• Dishonesty
• Fraud
• Gross overcharging for work done
• Misleading statements
• Divulging confidential or privileged information
• Acting in conflict of interest
• Acting in breach of the Rules of the Law Society, such as the Legal Profession (Professional Conduct) Rules, Legal Profession (Publicity) Rules, or Legal Profession (Solicitors’ Accounts) Rules.

Some rules under the Legal Profession (Professional Conduct) Rules include being honest with the client and exercising competence and diligence in all dealings with a client.  A lawyer must also maintain confidentiality in all matters that pertain to the client.

Under the Legal Profession (Publicity) Rules, lawyers are generally not allowed to publicise their practice or their firm in a manner that is misleading, deceptive, offensive, or undignified. Publicity must uphold the dignity of the legal profession.

The Legal Profession (Solicitors’ Accounts) Rules regulate how a lawyer should handle a client’s money, such as how to handle trust money or when to draw money out of a client account.

If any lawyer has committed such professional misconduct, you may submit a complaint to the LSS. It must be noted that you can only make a complaint against a lawyer and not against a law practice. The complaint should be made within 6 years of the alleged conduct or from the date the professional misconduct was discovered. Otherwise, permission of the court is first required.

Some cases of professional misconduct by lawyers include entering into a settlement agreement without the client’s consent and using the sum for his own fees, mishandling a case and causing a client to incur more litigation costs than necessary, or if a lawyer makes baseless claims and accusations against anyone publicly.

Process For Making a Complaint Against a Lawyer in Singapore

Common procedures applicable to both Inadequate Professional Service complaints and Professional Misconduct complaints

Complaints on behalf of a Company, limited liability partnership (LLP), or Management Corporation Strata Title (MCST)

If you are submitting a complaint on behalf of a Company, limited liability partnership (LLP), or Management Corporation Strata Title (MCST), you must be the entity’s authorised representative. You are also required to provide a Letter of Authority confirming that you have been authorised to lodge the complaint on its behalf.

Format of the complaint

The complaint should be addressed to the “Director, Regulatory Department” and submitted to the LSS along with all supporting documents. Complaints may be sent via email to regulatory@lawsoc.org.sg, provided the complaint letter is signed and submitted in PDF format. Alternatively, you may deliver the necessary documents by mail or by hand to the LSS.

Language of the complaint 

Although the letter of complaint may be in languages other than English, an English version must also be provided to the LSS. Copies of all necessary documentation must also be in English. Where they are not in English, an accurate translation is required. Where the supporting records or documentation are in the form of a voice recording, it must be transcribed in English. All translations and transcriptions should be done by a certified individual and will be taken to be accurate interpretations.

Statutory Declaration

While a Statutory Declaration may not always be required to accompany a complaint for inadequate professional service, all complaints for professional misconduct must be accompanied by a Statutory Declaration.  For a complaint for inadequate professional service, the Law Society’s Council  (“the Council”) may require a Statutory Declaration where the Council decides to refer the complaint for investigation.

A Statutory Declaration is a sworn or affirmed statement made under the Oaths and Declarations Act, confirming that the contents are true.  It costs S$25 to make a Statutory Declaration before a Commissioner for Oaths.

Submitting a false declaration may result in legal penalties such as punishment by imprisonment of up to 3 years and a fine. As a complaint against a lawyer for professional misconduct is a serious allegation, the threshold for filing such a complaint is correspondingly higher. This is why the LSS requires a Statutory Declaration to ensure that complaints are made truthfully, responsibly, and with due regard to the seriousness of the matter.

Complaints for Inadequate Professional Service (section 75B of LPA)

In order to make a complaint of inadequate professional service against your lawyer, you must provide the following information in the letter of complaint:

• Your full name and address as in your NRIC/Passport.
• The name of the lawyer you are making a complaint against, and the Singapore law practice the lawyer works at;
• Details of the steps you have taken to resolve the matter directly with the lawyer and copies of the records or documentation of such attempts;
• The particular standard of adequate professional service not met by your lawyer;
• A description of how the lawyer failed to meet the required standards while acting for you. Use the alleged failure to meet a specific standard as a heading, and under each heading, set out the relevant details under that heading.

At the end of the letter, state the following:

“I/We, ___________________(name of Complainant{s}) confirm that the conduct complained of did not occur more than 3 years from the date of this complaint letter.

I/We, ___________________(name of Complainant{s}) hereby declare and confirm that all the information that I/we have given above are true and accurate and I/we understand and accept that there may be serious legal consequences if the information provided is false.

I/We ____________________(name of Complainant{s}) agree to provide a Statutory Declaration in support of the complaint as may be required by the Council of the Law Society.

I/We ____________________(name of Complainant{s}) agree to provide a certified translation of all documents that are not in English in support of the complaint as may be required by the Council of the Law Society.”

Complaints for Professional Misconduct (section 85 of LPA) 

For a complaint for professional misconduct of lawyers, 2 main documents are required in PDF format:

1. A Statutory Declaration; and
2. A Letter of Complaint

Please also note that if your complaint is referred for investigation by an Inquiry Committee (IC), the IC may require you to deposit a sum of up to S$1,000 with the LSS to cover potential costs and expenses.

The IC is constituted by the Chairperson or Deputy Chairperson of the Inquiry Panel, and is made up of:

• A chairperson, being a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing;
• A member of the Inquiry Panel who is —
  • An advocate and solicitor, if the regulated legal practitioner is an advocate and solicitor; or
  • A regulated foreign lawyer, if the regulated legal practitioner is a regulated foreign lawyer;
• A member of the Inquiry Panel who is a lay person; and
• A person who has at least 10 years’ experience as a Judicial Service Officer or Legal Service Officer (or both).

The role of the IC is to investigate the complaint and consider whether a prima facie case for formal investigation has been made out.

If the IC determines that the complaint is frivolous or vexatious (i.e. it has no merit), it may order you to pay some or all of the legal costs reasonably incurred by the lawyer(s) involved in the proceedings. The IC may also direct that these costs be assessed by the Registrar. Any such costs will be considered a debt owed by you to the lawyer(s) concerned.

In order to make a complaint of professional misconduct against a lawyer, you must provide the following information in the letter of complaint:

• Your full name and address as in your NRIC/Passport.
• The name of the lawyer you are making a complaint against and the Singapore law practice the lawyer works at;
• A description of alleged misconduct and when it occurred. If there is more than one allegation of misconduct, use a bullet point format (point by point) to state each alleged misconduct and when it occurred;
• Copies of the necessary documents that support and/or set out the details of your complaint;
• Where there is more than one complaint, state each complaint as a heading and provide copies of necessary documentation to support each alleged complaint;
• If the complaint relates to misconduct that occurred more than six years before the date of the complaint, or more than six years from the earliest date you discovered the fraud, you must indicate this in the complaint letter. Where more than 6 years have passed since the misconduct occurred or was discovered, permission from the Singapore High Court is required.

How the Complaint Will be Managed

Complaints for Inadequate Professional Service (section 75B of LPA)

Once the LSS receives your complaint and the accompanying documents, you will receive an acknowledgement. If additional information is needed, the LSS will contact you to request it and inform you of the date on which your complaint will be considered by the Council of LSS, which serves as the Society’s governing body.

The Council may request further relevant information relating to your written complaint and will require you to support your complaint with a Statutory Declaration.

Complaints for Professional Misconduct (section 85 of LPA) 

The LSS will refer every complaint which satisfies the requirements stated above to the Chairperson of the Inquiry Panel, where the complaint was made within 6 years of the alleged conduct or from the date the professional misconduct was discovered. Otherwise, permission of the court is first required.

A Review Committee is then constituted within 2 weeks to review the complaint and the review will be completed within 4 weeks of the Review Committee’s constitution.  In the course of its review, it may require the lawyer concerned to furnish any records for the purpose of the review.

If it is unanimously concluded that the complaint is frivolous, vexatious, misconceived or lacking in substance, reasons for the dismissal will be given and the process ends there. Otherwise, it will be referred to the Chairperson of the Inquiry Panel, who will constitute an Inquiry Committee where the lawyer may be called upon to offer an explanation. Depending on the case, a formal investigation by a Disciplinary Tribunal may be conducted for further investigation. Otherwise, the lawyer may be imposed with a penalty, a warning or be asked to comply with remedial measures, and the complaint will then be dismissed. The monetary penalty will depend on the case, and will not exceed $10,000 where there is no cause of sufficient gravity for a formal investigation by the Disciplinary Tribunal.

For example, a lawyer found making baseless accusations and threatening to take legal action against fellow lawyers and the Law Society in his Facebook posts was ordered by the disciplinary tribunal to pay a penalty of $6,000 and costs of $3,000. In another case, a lawyer who mishandled a case that resulted in his client going through more litigation and incurring more costs than necessary was suspended from practice for a period of 9 months and ordered to pay costs and disbursements to the Law Society in the sum of $32,000 by the Disciplinary Tribunal.

Can a Complainant Get Any Compensation?

If you have suffered financial loss due to the dishonesty of a lawyer or their staff, you may apply for compensation from the Compensation Fund administered by the LSS. The Compensation Fund was established under section 75 of the LPA, and allows any person who sustains a loss as a result of dishonesty on the part of a lawyer(s) or their employees to receive payment for the purpose of relieving or mitigating that loss.

An application form must be completed and submitted to the LSS within 6 months after you come to know of your loss. If you have good reasons for your delay, the Council may extend the time for making the application.

However, a civil suit must have been lodged against the lawyer in order to file for the grant, meaning you must have sued the lawyer for the financial loss caused in court first. This is one of the requirements to obtain the grant, where the Council must be satisfied that you have exhausted all available civil remedies through legal actions against the lawyer or their staff to recover the loss.

In appropriate cases, the Council may also require you to lodge a police report against the lawyer or staff member for the alleged dishonest conduct.

The financial loss must have been caused by the lawyer acting in his professional capacity as a lawyer or his staff acting in the course of employment. The grant will not cover:

• loss caused by a lawyer not acting in his professional capacity;
• loss caused by the lawyer’s staff not acting in the course of employment;
• loss caused by professional negligence of the lawyer in question (which generally refers to mistakes or carelessness by the lawyer while doing legal work, such as missing deadlines, drafting errors, or giving incorrect legal advice); or
• the applicant’s own dishonest acts, negligence, omission or delay

Since the Compensation Fund only covers losses arising from the dishonesty of a lawyer or their staff while acting in the course of their professional duties, it does not extend to professional negligence, which involves careless conduct rather than intentional dishonesty.

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In conclusion, filing a complaint against a lawyer in Singapore is a serious matter that must be taken with a clear understanding of the process and the grounds under which you may make a complaint. Whether you are a client or a member of the public, knowing your rights and the proper procedures can help you navigate the complaint process more confidently. For readers who require further guidance, the Law Society of Singapore’s website provides further useful assistance that may support your process in filing a complaint.