Mr Thong Sum LEE

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Thong Sum Lee, a sole practitioner, acted as solicitor for a vendor while also being the agent's representative, and arranged for the deduction of $4,537.50 in commission for himself from settlement monies without his client's authority and without advising the client of the implications, putting the client in breach of its agency agreement. The Tribunal found this constituted professional misconduct (Count 1) as a breach of Rule 8.1.1 by allowing his interests to conflict with his client's. No dishonesty was found. Count 2 (misleading advertising asserting he was a licensed real estate agent) was dismissed as trivial and inadvertent. He was publicly reprimanded, fined $10,000, and ordered to pay the Law Society's costs. The Tribunal declined to restrict his practising certificate, finding him a fit and proper person to practise.

Duties found breached:

• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Prior disciplinary history including a 1995 finding of professional misconduct (admonished), 1999 unprofessional conduct (fined $750), and 2000/2001 breaches of duty to client and court and breach of undertaking (four-month suspension)
• Manipulated the settlement to confer a financial benefit on himself
• Potential for detriment to the client if agent had sought recovery of commission

Mitigating factors:

• No dishonesty or deceit involved
• Client suffered no actual detriment
• Significant illness/ill-health and possible stress impairing judgment at the relevant time
• Immediate admission of fault and genuine remorse
• Unlikely to reoffend
• Offered undertaking not to act as solicitor and agent in the same transaction
• Practised nearly ten years without infringing after previous suspension