Senior lawyer in Singapore who billed client RM4.4mil suspended for overcharging and flouting court order

SINGAPORE, Jan 10 (The Straits Times/ANN): A lawyer with 29 years’ experience overcharged a client by billing the company S$1.34 million (RM4.4 million) in professional fees for work that was later assessed to be worth only S$288,000 (RM946,000).

Syn Kok Kay, who was the sole proprietor of Patrick Chin Syn & Co, also flouted a court order to submit his bill of costs within 14 days after the client asked the court to assess the bills he rendered.

On Tuesday, Syn was suspended for three years and nine months by the Court of Three Judges for overcharging and for non-compliance with a court order.

The court said in a judgment written by Justice Steven Chong: “It is clear to us that the extent of the overcharge was egregious.”

The court noted that Syn had charged his client JWR, a medical products company, more than 4.65 times what he should have charged, amounting to an overcharge of US$1.05 million.

This gives rise to a strong inference of unethical behaviour, said the court, which also comprised Chief Justice Sundaresh Menon and Justice Tay Yong Kwang.

In his defence, Syn said he genuinely believed that the fees he charged were reasonable.

But the court rejected this and concluded that he intentionally and unethically took advantage of JWR.

The court noted that Syn billed JWR at regular intervals for round figures without any sort of itemisation for his fees.

The bill of costs that he ultimately submitted – more than a year after the stipulated deadline – also did not disclose any reasonable justification for the bills, the court added.

Not only did Syn fail to make restitution to JWR, he also tried to hide his assets from his creditors, including JWR, by transferring a vehicle and a club membership to his wife, each for $1.

“His attempts at concealing his assets constituted an extension of his unethical behaviour in overcharging JWR, and further signified an utter lack of remorse,” said the court.

The court also took into account as aggravating factors Mr Syn’s seniority and a previous warning letter from the Law Society in 2013 for failure to adhere to an agreed fee cap.

Syn currently cannot practise law, as he is an undischarged bankrupt. The suspension will take effect upon his discharge from bankruptcy. - The Straits Times/ANN