Long Title

Part I PRELIMINARY

Part II ADMISSION OF ADVOCATES AND SOLICITORS

Division 1 — Board of Legal Education

Division 2 — Qualified persons

Part III PRACTISING CERTIFICATES

Part IV PRIVILEGES OF ADVOCATES AND SOLICITORS

Part V THE LAW SOCIETY OF SINGAPORE

Division 1 — Establishment, purposes and powers of Society

Division 2 — Members of Society and subscriptions

Division 3 — Council of Society

Division 4 — Election of members of Council

Division 5 — Officers of Council

Division 6 — Powers of Council

Division 7 — Proceedings of Council

Division 8 — General meetings of Society

Part VI PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE OF SOLICITORS

Part VIA LAW CORPORATIONS

Part VIB LIMITED LIABILITY LAW PARTNERSHIPS

Part VII DISCIPLINARY PROCEEDINGS

Part VIII REMUNERATION RECEIVED BY SINGAPORE LAW PRACTICES OR SOLICITORS, OR IN RESPECT OF PRACTICE OF SINGAPORE LAW

Part IX RECOVERY AND TAXATION OF COSTS

Part IXA JOINT LAW VENTURES, FORMAL LAW ALLIANCES, FOREIGN LAW PRACTICES, REPRESENTATIVE OFFICES, FOREIGN LAWYERS, AND SOLICITORS PRACTISING IN JOINT LAW VENTURES OR FOREIGN LAW PRACTICES

Part X MISCELLANEOUS

FIRST SCHEDULE Intervention in Solicitor’s Practice

SECOND SCHEDULE Inadequate Professional Services

Legislative History

Comparative Table

PART VI
PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE OF SOLICITORS
Rules as to professional practice, etiquette, conduct and discipline
71.
—(1)  Without prejudice to any other power to make rules, the Council may make rules for regulating the professional practice, etiquette, conduct and discipline of advocates and solicitors, including rules empowering the Council to take such action as may be necessary to enable the Council to ascertain whether or not the rules are being complied with.
[20/2007]
(2)  Such rules shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other Judges before giving his approval.
(3)  Disciplinary proceedings may be taken against any advocate and solicitor who contravenes any rules made under this section.
Rules as to keeping of accounts by solicitors
72.
—(1)  The Council may make rules —
(a)
as to the opening and keeping by solicitors of accounts at banks for clients’ money;
(b)
as to the keeping by solicitors of accounts containing particulars and information as to moneys received, held or paid by them for or on account of their clients;
(c)
as to the opening and keeping by every solicitor who is a sole trustee, or who is co-trustee only with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is such a sole trustee or co-trustee;
(d)
as to the keeping by every solicitor referred to in paragraph (c) of accounts containing particulars and information as to moneys received, held or paid by him for or on account of any trust referred to in that paragraph;
(da)
as to the circumstances in which, and the manner by which, the Council may prohibit a solicitor from authorising or effecting any withdrawal of money from any account referred to in paragraph (a) or (c), whether such withdrawal is authorised or effected by the solicitor signing any cheque or other instrument or otherwise; and
(e)
empowering the Council to take such action as may be necessary to enable them to ascertain whether or not the rules are being complied with.
[19/2008]
(2)  Such rules may provide for the manner in which the matters referred to in subsection (1) shall apply to law corporations or to limited liability law partnerships.
[4/2000; 41/2005; 19/2008]
(2A)  Such rules shall apply only to Singapore law practices and solicitors practising therein.
[19/2008]
(3)  Such rules shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other Judges before giving his approval.
(4)  Disciplinary proceedings may be taken against any solicitor who contravenes any rules made under this section.
Accountant’s report
73.
—(1)  Subject to subsection (1A), every solicitor shall with every application made by him for a practising certificate, unless he satisfies the Council that owing to the circumstances of his case it is unnecessary to do so, deliver to the Registrar a report signed by an accountant (referred to in this section as an accountant’s report) and shall deliver a copy of the accountant’s report to the Society.
[19/2008]
(1A)  A solicitor shall not be required to deliver an accountant’s report under subsection (1) in respect of any practice of Singapore law by him in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.
[19/2008]
(2)  If a solicitor practised in a Singapore law practice during such accounting period as may be specified in the accountant’s report to be delivered by him, the report shall —
(a)
state that in compliance with this section and rules made thereunder the accountant has examined the books, accounts and documents of the Singapore law practice for the said accounting period;
(b)
state whether or not the accountant is satisfied, from his examination of the books, accounts and documents produced to him and from the information and explanations given to him, that during the said accounting period the Singapore law practice has complied with any rules made under section 72(1)(a) and (b);
(c)
state, if the accountant is not satisfied as aforesaid, the matters in respect of which he is not so satisfied;
(d)
contain such information as may be prescribed by rules made by the Council under this section; and
(e)
be delivered to the Society not more than 6 months (or such other period as may be prescribed by any rules made under this section) after the end of the said accounting period.
[4/2000; 41/2005; 19/2008]
(3)  Subject to any rules made under this section, the accounting period for the purposes of an accountant’s report shall —
(a)
begin at the expiry of the last preceding accounting period for which an accountant’s report has been delivered;
(b)
cover not less than 12 months;
(c)
terminate not more than 12 months, or such shorter period as the said rules may prescribe, before the date of the delivery of the report to the Society; and
(d)
where possible, consistently with paragraphs (a), (b) and (c), correspond to a period or consecutive periods for which the accounts of the Singapore law practice in which the solicitor practised are ordinarily made up.
[4/2000; 41/2005; 19/2008]
(4)  The Council shall make rules to give effect to this section, and such rules shall prescribe —
(a)
what qualification shall be held by an accountant by whom an accountant’s report may be given; and
(b)
the nature and extent of the examination to be made by an accountant, with a view to the signing of an accountant’s report to be delivered by a solicitor, of —
(i)
the books and accounts of the Singapore law practice in which the solicitor practised; and
(ii)
any other relevant documents.
[4/2000; 41/2005; 19/2008]
(5)  Such rules may include provision for —
(a)
permitting in such special circumstances as may be defined in the rules a different accounting period from that specified in subsection (3); and
(b)
regulating any matters of procedure or matters incidental, ancillary or supplemental to this section.
(6)  Rules made under this section shall not come into operation until they have been approved by the Chief Justice who shall consult the Attorney-General and may, if he thinks fit, consult any of the other Judges before giving his approval.
(7)  Disciplinary proceedings may be taken against any solicitor who fails to comply with this section or any rules made thereunder.
(8)  This section shall not apply to a solicitor who applies for a practising certificate to practise as a locum solicitor.
[23/2004]
Intervention in solicitor’s practice
74.
—(1)  Subject to subsection (2), the powers conferred by Part II of the First Schedule shall be exercisable in the circumstances specified in Part I of that Schedule.
[40/96; 19/2008]
(2)  The First Schedule shall apply, with such modifications as may be prescribed under subsection (3), to a solicitor registered by the Attorney-General under section 130N, in respect of the solicitor’s practice of Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.
[19/2008]
(3)  The Minister may, after consulting the Attorney-General, make rules to prescribe the modifications to be made to the First Schedule for the purposes of subsection (2).
[19/2008]
Compensation Fund
75.
—(1)  The Society shall maintain and administer in accordance with this section a fund to be known as the Compensation Fund (referred to in this section as the Fund).
(2)  Every solicitor shall, in each year prior to his application for a practising certificate, pay to the Society a contribution of such sum not exceeding $200 as the Council may, from time to time, determine and the Society shall pay that contribution to the Fund.
(3)  A solicitor who applies for a practising certificate between 1st October in any year and 31st March in the next year shall be required to pay only half the contribution determined under subsection (2) if the practising certificate for which he proposes to make an application will remain in force for less than 6 months.
[20/2007]
(3A)  Every foreign lawyer who is —
(a)
registered by the Attorney-General under section 130J to practise Singapore law in a Singapore law practice; or
(b)
granted the approval of the Attorney-General under section 130L,
shall, while his registration referred to in paragraph (a) or his approval referred to in paragraph (b) continues in force, pay to the Society an annual contribution of such sum (not exceeding the amount applicable to solicitors under subsection (2)) as the Council may from time to time determine and the Society shall pay that contribution to the Fund.
[20/2007; 19/2008]
(3B)  A foreign lawyer shall pay the contribution required under subsection (3A) —
(a)
if he is registered under section 130J, not later than 14 days after the date of issue of every certificate of registration by the Attorney-General in respect of his registration under that section; or
(b)
if he has been granted an approval referred to in section 130L, but is not registered under section 130J, not later than 14 days after the date of issue of a certificate of approval by the Attorney-General in respect of that approval and not later than the anniversary of that date of issue in every subsequent year.
[20/2007]
(3C)  The amount payable in the case of subsection (3B)(a) shall be —
(a)
if the certificate of registration issued by the Attorney-General is valid for 12 months, the amount of the annual contribution determined under subsection (3A);
(b)
if the certificate of registration issued by the Attorney-General is valid for 24 months, double the amount of the annual contribution determined under subsection (3A); or
(c)
if the certificate of registration issued by the Attorney-General is valid for 36 months, treble the amount of the annual contribution determined under subsection (3A).
[20/2007]
(3D)  The amount payable in the case of subsection (3B)(b) shall be the amount of the annual contribution determined under subsection (3A).
[20/2007]
(4)  The Society may invest any moneys which form part of the Fund and are not immediately required for any other purposes.
(5)  For the purposes of this section, the Society shall have all the powers vested in trustees under the law for the time being in force in Singapore.
(6)  The Society may borrow for the purposes of the Fund from any lender and may charge any investments of the Fund by way of security for such a loan.
(7)  The Society may insure with any person authorised by law to carry on insurance business within Singapore for such purpose and on such terms as the Society may consider expedient in relation to the Fund.
(8)  There shall be carried to the credit of the Fund —
(a)
all annual contributions paid to the Society pursuant to subsection (2);
(b)
all interest, dividends and other income or accretions of capital arising from the investments of the Fund;
(c)
the proceeds of any realisation of any investments of the Fund;
(d)
all moneys borrowed for the purposes of the Fund;
(e)
all sums received by the Society under any insurance effected by the Society under subsection (7); and
(f)
any other moneys which may belong or accrue to the Fund or be received by the Council in respect thereof.
(9)  All moneys from time to time forming part of the Fund and all investments of the Fund shall be applicable —
(a)
for payment of any costs, charges and expenses of establishing, maintaining, administering and applying the Fund;
(b)
for payment of any costs, charges and expenses of the Council in ascertaining whether the rules made under section 72 have been complied with, pursuant to the powers given by those rules;
(c)
for payment of any premiums on insurances effected by the Society under subsection (7);
(d)
for repayment of any moneys borrowed by the Society and for payment of interest on any moneys so borrowed;
(e)
for payment of any grants which the Society may make under subsection (11); and
(f)
for payment of any other sums properly payable out of the Fund by virtue of this section.
(10)  If in any year there has been neither an application for a grant from the Fund nor a grant made from the Fund, the Council may, in its discretion, transfer from the Fund all interest, dividends and other accretions of capital arising from the Fund or any part thereof to a fund of the Society established for the purposes of purchasing or maintaining a library for the use of the members of the Society.
(11)  Where it is proved to the satisfaction of the Council that any person has sustained loss in consequence of dishonesty on the part of —
(a)
any solicitor or employee of a solicitor in connection with that solicitor’s practice in Singapore as a solicitor or in connection with any trust in Singapore of which that solicitor is a trustee;
(b)
any officer or employee of a law corporation in connection with legal services performed in Singapore by the law corporation;
(c)
any partner, officer or employee of a limited liability law partnership in connection with legal services performed in Singapore by the limited liability law partnership; or
(d)
any foreign lawyer referred to in subsection (3A) or employee of such a foreign lawyer in connection with that foreign lawyer’s practice in a Singapore law practice,
then subject to this section, the Society may, if the Council thinks fit, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.
[41/2005; 20/2007; 19/2008]
(12)  A grant may be made under this section whether or not the solicitor had in force a practising certificate when the act of dishonesty was committed and notwithstanding that subsequent to the commission of that act the solicitor has died or had his name removed from or struck off the roll or has ceased to practise or been suspended from practice or the law corporation or limited liability law partnership had wound up, as the case may be.
[4/2000; 41/2005]
(12A)  A grant may be made under this section notwithstanding that subsequent to the commission of that act of dishonesty the foreign lawyer has died or his registration or approval referred to in subsection (3A) has been cancelled or suspended or has expired.
[20/2007]
(13)  On the making by the Society of any grant under this section to any person in respect of any loss —
(a)
the Society shall, to the amount of the grant, be subrogated to any rights and remedies in respect of the loss of the person to whom the grant is made or of the solicitor, foreign lawyer, clerk or servant; and
(b)
the person to whom the grant is made shall have no right under bankruptcy or other legal proceedings or otherwise to receive any sum out of the assets of the solicitor, foreign lawyer, clerk or servant in respect of the loss until the Society has been reimbursed the full amount of its grant.
[20/2007]
(14)  References in subsection (13)(a) and (b) to the person to whom the grant is made or to the solicitor, foreign lawyer, clerk or servant shall include, in the event of his death, insolvency or other disability, references to his personal representative or any other person having authority to administer the estate.
[20/2007]
(15)  The Council may make rules with respect to the procedure to be followed in giving effect to this section and with respect to any matters incidental, ancillary or supplemental to these provisions or concerning the administration or protection of the Fund.
(16)  No grant shall be made under this section in respect of any loss unless notice of the loss is received by the Society in such manner and within such time after the loss first came to the knowledge of the person sustaining the loss as may be prescribed by the rules.
Professional indemnity
75A.
—(1)  The Council may make rules concerning indemnity against loss arising from claims in respect of civil liability incurred —
(a)
by an advocate and solicitor or a former advocate and solicitor in connection with his practice or with any trust of which he is or formerly was a trustee;
(b)
by an employee or a former employee of an advocate and solicitor or of a former advocate and solicitor in connection with the practice of that advocate and solicitor or with any trust of which that advocate and solicitor or the employee is or formerly was a trustee; and
(c)
by a law corporation or a limited liability law partnership in connection with legal services performed by it or with any trust of which it is a trustee.
[10/91; 4/2000; 41/2005]
(2)  For the purposes of providing such indemnity, such rules may —
(a)
authorise or require the Society to establish and maintain one or more funds;
(b)
authorise or require the Society to take out and maintain insurance with authorised insurers; or
(c)
require all advocates and solicitors making application for a practising certificate and all law corporations and limited liability law partnerships to take out and maintain insurance with authorised insurers.
[10/91; 4/2000; 41/2005]
(3)  Without prejudice to the generality of subsections (1) and (2), such rules may —
(a)
specify the terms and conditions on which indemnity is to be available, and any circumstances in which the right to it is to be excluded or modified;
(b)
provide for the management, administration and protection of any fund maintained by virtue of subsection (2)(a) and require all advocates and solicitors who have in force practising certificates and all law corporations and limited liability law partnerships to make payments to any such fund;
(c)
require all advocates and solicitors who have in force practising certificates and all law corporations and limited liability law partnerships to make payments by way of premium on any insurance policy maintained by the Society by virtue of subsection (2)(b);
(d)
prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (2)(c);
(e)
authorise the Council to determine the amount of any premiums or payments required by such rules, subject to such limits, or in accordance with such provisions, as may be prescribed by those rules;
(f)
specify circumstances in which, where an advocate and solicitor or a law corporation or a limited liability law partnership for whom indemnity is provided has failed to comply with such rules or to make payment for such indemnity, the Society or the insurers may take proceedings against the advocate and solicitor or the law corporation or the limited liability law partnership in respect of sums paid by way of indemnity in connection with a matter in relation to which the advocate and solicitor or the law corporation or the limited liability law partnership has failed to comply;
(g)
specify the circumstances in which advocates and solicitors or law corporations or limited liability law partnerships are exempt from such rules; and
(h)
empower the Council to take such steps as it considers necessary or expedient to ascertain whether or not the rules are being complied with.
[10/91; 4/2000; 41/2005; 20/2007]
(4)  Rules made under this section shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other Judges before giving his approval.
[10/91]
(5)  The Society shall have power to carry into effect any arrangements which it considers necessary or expedient for the purpose of providing indemnity under this section.
[10/91]
(6)  Nothing in this section shall affect the right of any advocate and solicitor or law corporation or limited liability law partnership, in addition to the indemnity provided in rules made under this section, to insure himself or the law corporation or the limited liability law partnership further against loss arising from such claims as may be instituted against him or the law corporation or the limited liability law partnership.
[41/2005]
(7)  Disciplinary proceedings may be taken against any advocate and solicitor who contravenes any rules made under this section.
[20/2007]
Redress for inadequate professional services
75B.
—(1)  Subject to subsection (2), the Second Schedule shall have effect with respect to the provision by solicitors of services on or after 1st September 1998 which are not of the quality which it is reasonable to expect of them.
[40/96; 19/2008]
(2)  The Second Schedule and any rules made under paragraph 11 of that Schedule shall apply, with such modifications as may be prescribed under subsection (3), to the provision, by a solicitor registered by the Attorney-General under section 130N, on or after 19th September 2008, of services which —
(a)
are rendered in connection with his practice of Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; and
(b)
are not of the quality which it is reasonable to expect of him.
[19/2008]
(3)  The Minister may, after consulting the Attorney-General, make rules to prescribe the modifications to be made to the Second Schedule and any rules made under paragraph 11 of that Schedule for the purposes of subsection (2).
[8/2011 wef 03/05/2011]
[19/2008]
Qualification to practise as sole proprietor, partner or director of Singapore law practice
75C.
—(1)  No solicitor may practise in a Singapore law practice as a solicitor on his own account or in partnership (whether in a law firm or a limited liability law partnership) or as a director of a law corporation unless he —
(a)
has successfully completed such legal practice management course within such time as the Council may by rules made under section 71 prescribe; and
(b)
has, since being admitted as a solicitor, been employed for not less than 3 continuous years or 3 years out of a continuous period of 5 years in a Singapore law practice; or
(c)
has been employed as a legal officer for not less than 3 continuous years or 3 years out of a continuous period of 5 years.
[40/96; 4/2000; 41/2005; 20/2007; 19/2008]
(2)  The Council may, with the approval of the Minister, exempt a solicitor from subsection (1)(a) or shorten any period referred to in subsection (1)(b) and (c) if it is satisfied that the solicitor has gained substantial experience in law in Singapore or elsewhere.
[40/96]
(3)  Paragraphs (b) and (c) of subsection (1) shall not apply to a solicitor who was admitted as a solicitor before 1st March 1997.
[20/2007]
(4)  This section shall not apply to a solicitor who has before 9th March 2007 been in practice in a Singapore law practice as a solicitor on his own account or in partnership (whether in a law firm or a limited liability law partnership) or as a director of a law corporation.
[20/2007; 19/2008]
(4A)  [Deleted by Act 20 of 2007]
(5)  Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
[40/96; 20/2007]
(6)  For the purposes of this section and section 75D, “legal officer” includes a legal officer of the Inland Revenue Authority of Singapore or of such other statutory body or law office in the public service as the Minister may prescribe.
[40/96; 20/2007]
Qualification to use title of consultant
75D.
—(1)  No solicitor shall take or use the title of consultant unless he has, for a period of not less than 10 years in the aggregate, been —
(a)
a solicitor in practice;
(b)
a legal officer;
(c)
a full-time member of the academic staff of the Faculty of Law of the National University of Singapore or the School of Law of the Singapore Management University; or
(d)
holding any combination of occupations referred to in paragraphs (a), (b) and (c).
[40/96; 20/2007]
[8/2011 wef 03/05/2011]
(2)  Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
[40/96; 20/2007]
Solicitors who are commissioners for oaths or notaries public
76.  No solicitor who is a commissioner for oaths or a notary public shall do any act as such commissioner or notary, as the case may be, unless he has in force a practising certificate.
Solicitor not to act as agent for any unauthorised person
77.
—(1)  No solicitor shall —
(a)
wilfully and knowingly act as agent for any unauthorised person in any legal proceeding of whatsoever kind or in any matter which under this Act can be done only by a solicitor who has in force a practising certificate;
(b)
permit his name to be made use of in any such proceeding or matter upon the account or for the profit of any unauthorised person; or
(c)
send any process to any unauthorised person, or do any other act enabling any unauthorised person to appear, act or practise or purport to practise in any respect as a solicitor in any such proceeding or matter.
(2)  No solicitor shall authorise any unauthorised person to operate any bank account in the name of the solicitor or the Singapore law practice in which he practises and maintained by the solicitor or the Singapore law practice in which he practises in connection with his practice as a solicitor.
[4/2000; 41/2005; 19/2008]
(3)  Disciplinary proceedings may be taken against any solicitor who has acted in contravention of subsection (1) or (2).
(4)  Any unauthorised person who was enabled by a solicitor to act or practise or purport to practise as a solicitor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months.
[20/2007]
(5)  In this section, “unauthorised person” has the meaning assigned to it in section 32.
Solicitors’ clerks
78.
—(1)  No solicitor shall in connection with his practice as such, without the consent of the court obtained on an application by originating summons served upon the Attorney-General and upon the Society, employ or remunerate any person who to his knowledge is an undischarged bankrupt or has been —
(a)
struck off a roll of legal practitioners by whatever name called otherwise than at his own request in Singapore or in any part of Malaysia or elsewhere and remains struck off;
(b)
suspended from practising as an advocate and solicitor in Singapore or in any part of Malaysia or elsewhere and remains suspended;
(c)
convicted of an offence involving dishonesty;
(d)
convicted of an offence under section 33 of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184) or under any provision of this Act;
(f)
a person in respect of whom an order under subsection (4) has been made.
[40/96]
(2)  No solicitor shall in connection with his practice as such, without the consent of the Attorney-General, employ or remunerate any person who to his knowledge had been employed as a public officer.
[40/96]
(3)  Subsection (2) shall not apply to any public officer who is an advocate and solicitor or a qualified person or in respect of whom the consent of the court or the Attorney-General had previously been obtained under subsection (1) or (2), as the case may be.
[40/96]
(4)  On application made by or on behalf of the Attorney-General or the Society, the court may make an order directing that, as from a date to be specified in the order, no solicitor shall, in connection with his practice as such, employ or remunerate any person, the subject of the application, who —
(a)
has been a party to any act or default of a solicitor in respect of which a complaint has been or might properly have been made against that solicitor under the provisions of this Act; or
(b)
has so conducted himself while employed by a solicitor that, had he himself been a solicitor, his conduct might have formed the subject of a complaint under the provisions of this Act against him.
(5)  Every application under subsection (4) shall be served upon the person in respect of whom it is made and upon his employer or previous employer if his employer or previous employer is a solicitor not less than 10 days before the application is to be heard.
(6)  Every order made under subsection (4) shall be filed in a file to be kept for this purpose by the Registrar, and the file may be inspected by any solicitor without fee.
(7)  Before a solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall —
(a)
require the person to make a statutory declaration to show that he is not an undischarged bankrupt and that he does not come within the class of persons enumerated in subsection (1)(a) to (f) and had not been employed as a public officer and that he is not a person in respect of whom an order has been made under subsection (4); and
(b)
within 14 days of commencing to employ the person, deliver to the Society a certified copy of the statutory declaration so made.
[40/96]
(8)  Disciplinary proceedings may be taken against any solicitor who acts in contravention of this section.
Acting for housing developer and purchaser prohibited
79.
—(1)  Where a solicitor acts for a housing developer in a sale of immovable property developed under a housing development, no specified person shall, in the sale of any immovable property developed under the same housing development, act for the purchaser of the property unless a certificate of fitness for occupation in respect thereof has been issued by the Commissioner of Building Control or other relevant authority.
[10/91; 4/2000]
(2)  In subsection (1) —
“develop”, “housing developer” and “housing development” have the meanings assigned to them, respectively, in the Housing Developers (Control and Licensing) Act (Cap. 130);
“sale of immovable property” includes the grant of a lease for a term exceeding 3 years;
“specified person”, in relation to a solicitor, means —
(a)
the solicitor himself;
(b)
any member or assistant of the firm of which the solicitor is a member either as a partner, a consultant or an employee;
(c)
any director or employee of the law corporation of which the solicitor is a director or an employee; or
(d)
any partner or employee of the limited liability law partnership of which the solicitor is a partner or an employee.
[4/2000; 41/2005]
(3)  Subsection (1) is without prejudice to any law affecting solicitors who act for parties where there is a conflict of interest or where a conflict of interest may arise.
(4)  Disciplinary proceedings may be taken against any solicitor who acts in contravention of subsection (1).
Account by solicitor
80.
—(1)  Where the relationship of solicitor and client exists, or has existed, an originating summons may be issued by the client or his representatives for the delivery of a cash account, or the payment of moneys, or the delivery of securities.
[42/2005]
(2)  The court or a Judge may order the solicitor to deliver to the applicant a list of the moneys or securities which he has in his custody or control on behalf of the applicant, or to bring into court the whole or any part of the same, within such time as the court or a Judge orders.
[42/2005]
(3)  In the event of the solicitor alleging that he has a claim for costs, the court or a Judge may make such provision for the payment or security thereof or the protection of the solicitor’s lien, if any, as the court or a Judge thinks fit.
[42/2005]
Interim certificate
81.
—(1)  If, during the taxation of any bill of costs or the taking of any account between solicitor and client, it appears to the Registrar that there must in any event be moneys due from the solicitor or law corporation or limited liability law partnership to the client, the Registrar may make an interim certificate as to the amount so payable by the solicitor or law corporation or limited liability law partnership.
[4/2000; 41/2005]
(2)  Upon the filing of such certificate, the court or a Judge may order the moneys so certified to be immediately paid to the client or brought into court.