Small players may lose out to big boys

A parent who took on a fast-food chain several years ago, when her son was injured in one of its outlets, recalled how her lawyer told her frankly to drop the case or grab any offer of settlement quickly.

'My lawyer compared it to a guppy coming up against a shark,' said the parent, who cannot be named because of a confidentiality agreement she had signed as part of the settlement.

'The other side knows we don't have much money for a long-drawn-out legal battle, so they will offer low amounts to settle, knowing that eventually, we will cave in.'

Big boys can drain the energy and money out of small players by putting them through all the legal hoops to make their case.

This means that those who have a case against them sometimes settle for something less to save themselves the stress.

National University of Singapore law dean Tan Cheng Han said legal fees in Singapore are still low compared to those in Hong Kong, New York and London.

'There are also many lawyers who serve as 'general practitioners' and are mindful of the need to maintain affordability,' said Professor Tan.

However, he said, the situation has to be watched closely as Singapore will need more lawyers than what the NUS and the new Singapore Management University law school can produce. This will put pressure on salaries.

The Chief Justice has, in a few speeches this year, also raised the potential problem of justice becoming inaccessible to the layman.

CJ Chan Sek Keong referred to the profession having a 'monopoly' when it came to pricing its services.

He reminded new lawyers who were called to the Bar that 'the rich, the not-so-rich and the poor' need legal services as well.

This might explain the recent emphasis on pro bono work, where lawyers take on cases for free for those who cannot afford to pay.

The Criminal Legal Aid Scheme under the Law Society recently upped the income ceiling for those eligible for help: from $1,000 to $1,300 for singles.

Likewise, the means test for the Ministry of Law's Legal Aid Bureau*, which handles civil cases for free, was also revised in March, so that the lowest 40 per cent of households - or those with a household income of $2,600 - can qualify for it.

Previously, this included only the lowest 30 per cent of households.

But on top of pro bono work, most lawyers say they have done cases for free or at a nominal fee, if they feel their client really has a case to fight but cannot afford to.

Mr Lim Biow Chuan, who is also a Member of Parliament, said: 'Many lawyers I know are prepared to charge reasonable fees...many are prepared to give their time to defend those who are really poor.'

He has done cases for free or just $200.

Lawyer Leonard Loo, who takes on about two 'free' cases a year, said: 'We must return our gratitude and duty to society.'

When the scales of justice tilt: What to do when lawyers overcharge

TAXATION is not just what you think it is, money paid over to the tax authorities.

In legal speak, it is a process in which the courts decide how much legal fees should be.

A client who is unhappy with his solicitor's billing can ask an Assistant Registrar to look through the bill put forward and decide on a final amount.

An unhappy client who thinks he has been "ripped off" can also complain to the Law Society.

A lawyer faces a fine of up to $5,000 if the society's inquiry committee finds that he has overcharged his client.

Sometimes, the matter is handed over to a disciplinary committee (DC) - an independent tribunal appointed by the Chief Justice.

This committee can either impose a fine of up to $10,000, reprimand the lawyer for misconduct, or refer the matter to the Court of Appeal.

The lawyer at this stage will  face either suspension of not more than five years, be struck off the rolls, or censured for misconduct.

The Law Society was unable to give the number of lawyers who admitted to overcharging, save that they were "very few".

In December last year, Justice Judith Prakash ordered the Law Society to write to the CJ, asking him to set up a DC to look into a complaint of overcharging.

The complainant, Mr Anthony Wee, 75, felt it was ridiculous that his lawyer, Mr Lim Chor Pee, charged him $612,000 for representing him in a suit against a bank.

The Law Society's probe cleared Mr Lim, calling the complaint baseless as the case was technical, complex and needed expert evidence.

But Justice Prakash pointed out that the Assistant Registrar reckoned Mr Lim should get only $390,000.

Mr Lim died a few days after Justice Prakash's decision and the disciplinary proceedings were dropped.

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*What it should have been (Oct 28)

IN THE article, "The price of justice in $", on Oct 21, we reported that the Legal Aid Bureau handles civil cases for free. The Law Ministry has clarified that a recipient of legal aid makes a contribution based on the complexity of the case, the amount of work done and his ability to pay.

The ministry also clarified that the bureau's means test was revised on July 1 this year to cover up to the 40th percentile of households by household income. For example, those from a four-member household with three dependants will qualify if the household income is less than $2,600 a month.

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