AGC refers possible misconduct case to Law Society
Singapore
THE Attorney-General's Chambers (AGC) has referred a case to the Law Society over possible professional misconduct by Lee Suet Fern, the daughter-in-law of founding prime minister Lee Kuan Yew, in preparing his last will.
In a statement on Monday, the AGC said the referral does not relate to the validity of the late Mr Lee Kuan Yew's last will.
This development is the latest in the long-running dispute between Prime Minister Lee Hsien Loong and his younger siblings, Hsien Yang and Wei Ling, over the fate of their father's house at 38 Oxley Road.
Noting that it became aware of a possible case of professional misconduct by Mrs Lee, the AGC said it has a statutory duty to deal with misconduct by lawyers. It added that it is required to consider if the matter should be referred to the Law Society under Section 85(3) of the Legal Profession Act.
The AGC said Mrs Lee appears to have prepared the late Mr Lee's last will and arranged for him to execute it, despite the fact that her husband Lee Hsien Yang is one of the beneficiaries under that will.
It noted that Mr Lee Hsien Yang's share increased under his father's last will, and that Mr Lee Hsien Yang had said publicly that the last will was drafted by Kwa Kim Li of law firm Lee & Lee. However, Ms Kwa has denied that she drafted it.
The AGC cited the Legal Profession (Professional Conduct) Rules, saying it requires that lawyers do not place themselves in a position of conflict.
"Where a person intends to make a significant gift by will to any member of the lawyer's family, the lawyer must not act for the person and must advise him to obtain independent advice in respect of the gift. This rule applies even if the lawyer is related to the person making the gift," the AGC said.
Mrs Lee's conduct appears to be in breach of the rules, it said.
Deputy Attorney-General Lionel Yee has been overseeing the case, as Attorney-General Lucien Wong has recused himself, the AGC said. Mr Wong did so, as he was previously PM Lee's personal lawyer.
The AGC added that it had written to Mrs Lee several times since October 2018, asking her to explain the position and her role, if any, in preparing the last will.
"(Mrs Lee) was also assured that if she had good explanations for her conduct, then the matter will end. However, despite asking for extensions of time to respond, Mrs Lee did not answer the questions that AGC had asked," the AGC said.
As Mrs Lee did not answer, the AGC referred the case to the Law Society, and Mr Yee has further requested that it be referred to a Disciplinary Tribunal.
"In referring the matter to the Law Society, the AGC does not make any findings on the merits of the case. AGC does not determine guilt or innocence," the AGC said, adding that it is for the Disciplinary Tribunal appointed by the Chief Justice to investigate, determine if there was misconduct and what actions should be taken, if any.
Mrs Lee is entitled to make her case to the Tribunal as well, it said.
Law Society President Gregory Vijayendran said that it is not unusual for the AGC to make complaints against lawyers.
"This is not a bolt from the blue or something we are looking at for the very first time in our industry. There have actually been complaints from time to time," he said, adding that judges also make such complaints.
Mr Vijayendran said that he could not comment further on the case as the Legal Profession Act mandates that such proceedings be kept confidential.
Complaints against lawyers are first referred to a review committee, and escalated to an inquiry committee and disciplinary tribunal if necessary. However, complaints made by the AGC or judges skip the first stage and go straight to the inquiry committee.
The AGC and judges also have the discretion to bypass the first two stages, and refer the complaint directly to a disciplinary tribunal.
