It’s one thing to be a lawyer and represent clients, but it’s another to do so without a valid practising certificate.
Opposition politician Lim Tean has been sentenced to six weeks in jail and fined S$1,000 for practising law without a valid certificate.
How could he practice law without a valid certificate?
It’s not that he never had one, but his certificate had expired, yet he continued to represent clients.
The charges originated from a period of just over two months in 2021, during which he repeatedly represented clients in court before his new practising certificate took effect, Channel NewsAsia reported.
Represented Clients 32 Times Without a Valid Certificate
Lim, 60, was issued a practising certificate on 10 June 2021.
However, from 1 April to 9 June 2021, he was convicted on three charges under the Legal Profession Act for unlawfully acting as an advocate and solicitor.
During this period, he attended court proceedings on behalf of clients 32 times and prepared legal documents related to those cases, despite his previous practising certificate having expired on 31 March 2021.
In his defence, Lim’s lawyer contended that he had no intent to commit the offences and had exercised reasonable care.
The practising certificate purportedly stated that Lim was authorised to practise during the practice year ending on 31 March 2022.
Since this practice year ran from 1 April 2021 to 31 March 2022, the defence argued that Lim believed he was still authorised to practise during the disputed period.
Lim had also informed the Law Society that he did not have a practising certificate and was told that he could still attend court but had to inform the judge.
He claimed he did so during court proceedings, but these statements were allegedly not captured in official transcripts.
Judge Finds Lim Lacked Remorse, Imposes Jail Sentence
Prosecutors contended that Lim had shown a “glaring lack of remorse” by opting for a trial rather than pleading guilty.
On Monday (17 February 2025), the judge agreed with the prosecution, noting that Lim had failed to show any remorse. He highlighted that Lim had exposed his clients to significant risks, deceiving not only his clients but also other lawyers, public officers, and judges.
The prosecution requested a jail sentence of five to eight months, while Lim’s lawyer argued for a fine of S$4,500, contending that Lim’s actions did not warrant imprisonment.
The judge further remarked that Lim should have been aware that his practising certificate, if not renewed by the end of April, would render him unable to practise law.
Lim was sentenced to six weeks in jail, but the court granted a deferral of the sentence, allowing it to commence on 3 March 2025.
For practising law without a valid certificate, Lim could have faced a maximum sentence of six months’ imprisonment and/or a fine of up to S$25,000.
Who is Lim Tean?
Lim, 60, is the founder of the People’s Voice party and secretary-general of the People’s Alliance for Reform, a coalition of opposition parties.
In the 2020 General Election, he led a four-member team from PV in the contest for Jalan Besar Group Representation Constituency (GRC).
However, they were defeated by the People’s Action Party.
Despite his jail sentence, Lim remains eligible to run in future elections.
According to the Constitution, a person is only disqualified from contesting for a Member of Parliament (MP) seat if they are fined at least S$10,000 or sentenced to at least one year in prison for a single offence.
Four Additional Charges Pending
Unfortunately for Lim, his legal charges are far from over.
He still faces four other pending charges, including one for the alleged misappropriation of S$30,000 entrusted to him between 14 November and 4 December 2019.
This sum was reportedly awarded to his former client as a settlement in a civil suit.
Additionally, he faces a charge of harassment for allegedly sending flirtatious text messages to a former employee of his law firm in 2020.
Lim has previously indicated through his lawyer that he intends to contest these charges. His case is set for a pre-trial conference on 3 March 2025.
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