SINGAPORE - Lawyer Lim Tean did not obtain his practising certificate for two months in 2021 as he had not paid his professional indemnity insurance, said the prosecution on Dec 27.

Lim, 59, an opposition politician, is accused of practising law without authorisation during that period.

He is contesting three charges for allegedly contravening the Legal Profession Act.

On Dec 27, the fourth day of Lim’s trial, Deputy Public Prosecutor Edwin Soh described the case as straightforward.

He said Lim had attended court hearings on behalf of his clients on 32 occasions without a practising certificate between April 1 and June 9 in 2021.

He allegedly prepared documents relating to court proceedings on 32 occasions, and allegedly sued a defendant on behalf of a client during that time.

According to the Singapore Courts’ website, lawyers must apply for their practising certificate every practice year, which runs from April 1 each year to March 31 of the following year. 

The Law Society of Singapore’s website states that lawyers need to fulfil certain stipulations to get a practising certificate.

They include having professional indemnity insurance and fulfilling continuing professional development requirements. 

The compulsory professional indemnity insurance covers lawyers against civil liability when providing legal services. 

DPP Soh said Lim had paid the professional indemnity insurance only in June 2021, and his practising certificate for the practice year of 2021 to 2022 was issued only on June 10, 2021.

The cost of the insurance was not mentioned in court.

On Dec 27, Ms Rejini Raman, a former assistant director at the compliance department of the Law Society, who had communicated with Lim during that time, testified that applications for the certificate open on March 1 with the final application deadline on April 30.

To apply, lawyers would need to get their professional indemnity insurance from a company called Lockton, she added.

Referring to a WhatsApp exchange between Lim and Ms Rejini, Lim’s lawyer, Mr Patrick Fernandez, told Ms Rejini that she had emboldened him to go to court without a practising certificate.

Mr Fernandez took over as Lim’s lawyer from Mr Foo Ho Chew, who earlier replaced Mr Sankar Saminathan in August.

The exchange Mr Fernandez was referring to occurred on March 31, 2021, during which Lim had asked Ms Rejini for an ad hoc waiver of his continuing professional development requirements.

Lim asked Ms Rejini if he could appear in court in the meantime.

She replied that he could and to let the judge know he was waiting for the waiver approval before submitting the practising certificate approval for the new practice year.

Ms Rejini told the court on Dec 27 that she did not know Lim had not paid his professional indemnity insurance until or around May 11, 2021.

She said the Law Society does not have powers to grant exemption for lawyers to practise without a practising certificate.

Ms Rejini later clarified she was trying to assist Lim and not authorise him to go to court without a practising certificate.

She added that the responsibility for practising certificate renewal was on the lawyer, and not on the Law Society.

The trial will continue on Dec 28.

If convicted, Lim can be jailed for up to six months, fined up to $25,000, or both, for practising law without authorisation, if this is his first offence.

If not, he can be jailed for up to 12 months and fined up to $50,000 for each charge.