SINGAPORE: Despite not having a practising certificate, a former lawyer pretended that she could still represent clients in legal proceedings and give legal advice.
Helen Chia Chwee Imm, 55, was not authorised to act as a lawyer due to a bankruptcy order, but did so and charged two clients close to S$40,000 (US$31,200) in legal fees.
The Singaporean has since been struck off as a lawyer following disciplinary proceedings.
On Monday (May 26), Chia pleaded guilty to one charge under the Legal Profession Act for falsely claiming that she was authorised to act as a lawyer, and to one count of cheating.
Two similar charges will be taken into consideration for her sentencing, which was adjourned to Friday.
FIRST VICTIM SOUGHT ADVICE ON SON’S CARE, CUSTODY
Chia was admitted to the roll of advocates and solicitors on Aug 11, 1999, but did not have a practising certificate from Dec 17, 2016, to May 30, 2018, due to a bankruptcy order made against her. The order was annulled on May 22, 2018.
On Dec 18, 2016, a woman emailed Chia to arrange for a consultation on matters relating to the care and custody of her son.
This victim resolved the issues without Chia’s involvement, but contacted Chia again in August 2017 after disputes arose with her son’s father. She then engaged Chia as a lawyer.
Chia did not have a practising certificate but concealed that fact.
On Aug 25, 2017, Chia met the woman and collected S$2,000 in legal fees.
Between Oct 12, 2017, and Nov 9, 2017, Chia gave the victim legal advice on a court application related to the custody and care matters.
Chia also drafted supporting affidavits and vetted summons for the court application. The court application was filed on Nov 9, 2017, in the Family Justice Courts under another lawyer’s name. Chia deliberately excluded her name as she knew she was not authorised to act for the woman.
Later, the victim wanted Chia to attend a mediation session for the care and custody matters, and Chia finally told her that she was an undischarged bankrupt.
However, Chia made it seem that her bankruptcy order had been set aside. She continued to give the impression that she was authorised to act as the woman’s lawyer.
During a text message exchange on Mar 22, 2018, the woman sent Chia a text stating: “I was so worried you wouldn’t get (a practising certificate) in time and I had to last minute find another lawyer. “I trust only you to represent me,” she added.
Chia simply replied: “Don’t panic.” She did not come clean about her lack of a practising certificate.
Chia then got another lawyer to attend the woman’s court hearing on Apr 11, 2018, despite promising the victim that she would attend the hearing.
She asked the same lawyer to attend a court hearing on May 8, 2018, to collect the judgment for the woman’s case, and avoided meeting the woman near the court.
“The accused suggested that they meet elsewhere and told (the woman) that there may be a delay in collecting the judgment even on the ‘decision day’ as some judges would ask parties to provide more information (on) various issues,” court documents stated.
In total, Chia collected S$13,685.60 from the woman in legal fees and disbursements.
SECOND VICTIM A FRIEND GOING THROUGH A DIVORCE
Chia was friends with the second victim, who approached her for legal help for divorce proceedings on around Feb 12, 2018.
This woman wanted to apply for a personal protection order.
The two met the next day, and the victim engaged Chia to act for her. Chia hid her lack of practising certificate from this victim.
She quoted the victim S$20,000 in legal fees, which she described as a “friend rate” that was a third of her usual rates.
She told the victim about her follow-up steps for the legal proceedings and asked for a cash payment of S$3,000 as a deposit.
Eventually, on Chia’s advice, an application for an expedited order for the victim’s personal protection order was filed.
Chia again got another lawyer to attend the court mentions for this application. The victim voiced her concerns about this other lawyer’s performance in court, as he seemed to be unfamiliar with her case, but Chia reassured the victim that they were working on the case…
