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Contents  

Long Title

Part I PRELIMINARY

Part II SINGAPORE INSTITUTE OF LEGAL EDUCATION

Part IIA ADMISSION OF ADVOCATES AND SOLICITORS

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

 
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On 17/10/2017, you requested the version in force on 30/11/2013 incorporating all amendments published on or before 30/11/2013. The closest version currently available is that of 01/06/2012.
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Legal Profession Act
(CHAPTER 161)

(Original Enactment: Ordinance 57 of 1966)

REVISED EDITION 2009
(1st June 2009)
An Act to establish the Singapore Institute of Legal Education, to constitute the Law Society of Singapore and to amend and consolidate the law relating to the legal profession.
[8/2011 wef 03/05/2011]
[11th February 1967]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Legal Profession Act.
Interpretation
2.
—(1)  In this Act, unless the context otherwise requires —
“Academy” means the Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A);
“active practice” does not include practice as a locum solicitor;
“advocate and solicitor”, “advocate” and “solicitor” mean an advocate and solicitor of the Supreme Court;
“Board of Legal Education” means the Board of Legal Education established under section 3 in force immediately before the date of commencement of section 3(a) of the Legal Profession (Amendment) Act 2011;
“client” includes —
(a)
in relation to contentious business, any person who, as a principal or on behalf of another person, retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor’s, a law corporation’s or a limited liability law partnership’s costs; and
(b)
in relation to non-contentious business —
(i)
any person who, as a principal or on behalf of another, or as a trustee, an executor or an administrator, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs or is about to retain or employ, a solicitor, a law corporation or a limited liability law partnership; and
(ii)
any person for the time being liable to pay a solicitor, a law corporation or a limited liability law partnership for his or its services any costs;
“constituent foreign law practice”, in relation to a Joint Law Venture, means the foreign law practice which constitutes part of the Joint Law Venture;
“constituent Singapore law practice”, in relation to a Joint Law Venture, means the Singapore law practice which constitutes part of the Joint Law Venture;
“contentious business” means business done in or for the purposes of proceedings begun before a court of justice or before an arbitrator;
“costs” includes fees, charges, disbursements, expenses and remuneration;
“Council” means the Council of the Society established under section 47;
“court” means the High Court or a Judge when sitting in open court;
“Disciplinary Tribunal” means a Disciplinary Tribunal appointed by the Chief Justice under section 90(1);
“foreign law” means the law of any state or territory other than Singapore, and includes international law;
“foreign law practice” means a law practice (including a sole proprietorship, a partnership or a body corporate, whether with or without limited liability) providing legal services in any foreign law in Singapore or elsewhere, but does not include a Singapore law practice;
“foreign lawyer” means an individual who is duly authorised or registered to practise law in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory;
“foreign practitioner certificate” means a certificate issued by the Attorney-General in respect of the registration of a foreign lawyer under section 130I;
“Inquiry Committee” means an Inquiry Committee constituted under section 85(10);
“Institute” means the Singapore Institute of Legal Education established under section 3;
“Joint Law Venture” means a Joint Law Venture licensed under section 130B;
“Judge” means a Judge of the High Court sitting in chambers;
“law corporation” means a company approved as a law corporation under section 81B;
“lay person”, in relation to the Inquiry Panel or an Inquiry Committee, means an architect, an accountant, a banker, a company director, an insurer, a professional engineer, a medical practitioner or any other person (not being an advocate and solicitor or a Legal Service Officer) who meets such criteria as may be approved by the Chief Justice and the Attorney-General;
“Legal Service Officer” means an officer in the Singapore Legal Service;
“licensed foreign law practice” means a foreign law practice licensed under section 130E;
“limited liability law partnership” means a limited liability partnership approved as a limited liability law partnership under section 81Q;
“locum solicitor” means an advocate and solicitor engaged (whether concurrently or otherwise) on a temporary or freelance basis by one or more law firms, law corporations, limited liability law partnerships or solicitors practising on their own account;
“practice trainee” means a qualified person who is serving his practice training period;
“practice training contract” means a formal training arrangement between a qualified person and a Singapore law practice, pursuant to which the qualified person receives, and the Singapore law practice provides, supervised training in relation to the practice of Singapore law;
“practice training period” means the period during which a qualified person is required to receive supervised training in relation to the practice of Singapore law before he can be admitted as an advocate and solicitor;
“practise Singapore law” means doing work, or transacting business, in relation to the laws of Singapore, being work or business of a kind that is the right or privilege of an advocate and solicitor under Part IV;
“practising certificate” means a certificate issued by the Registrar under section 25;
“qualified person” means any person who —
(a)
possesses such qualifications as the Minister may prescribe under subsection (2), or may deem under section 14(2) or (3) to be so prescribed, and satisfies such requirements as the Minister may prescribe under subsection (2);
(b)
was approved by the Board of Legal Education as a qualified person under section 7 in force immediately before 9th October 2009; or
(c)
is approved by the Minister as a qualified person under section 15A(1) in force immediately before the date of commencement of section 3(e) of the Legal Profession (Amendment) Act 2011 or under section 14(1);
“Qualifying Foreign Law Practice” means a foreign law practice licensed under section 130D;
“register of practitioners” means the annual register kept by the Registrar under section 27;
“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and an Assistant Registrar;
“relevant legal officer” means —
(a)
a Legal Service Officer; or
(b)
a legal officer of such statutory body or law office in the public service as the Minister may prescribe by rules published in the Gazette;
“Review Committee” means a Review Committee constituted under section 85(6);
“roll” means the roll of advocates and solicitors of the Supreme Court kept under section 24;
“Rules Committee” means the Rules Committee constituted under any written law for the time being in force with the power to make rules regulating procedure in the Supreme Court;
“Senate” means the Senate of the Academy established under section 5 of the Singapore Academy of Law Act;
“Singapore law practice” means —
(a)
the practice of a solicitor who practises on his own account;
(b)
a firm of solicitors;
(c)
a limited liability law partnership; or
(d)
a law corporation;
“Society” means the Law Society of Singapore established under section 37;
“trust” and “trustee” extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incident to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative.
[11/79; 5/81; 17/84; 30/86; 15/89; 16/93; 41/93; 4/2000; 23/2004; 41/2005; 42/2005; 20/2007; 19/2008]
(2)  For the purposes of the definition of “qualified person” in subsection (1), the Minister may, after consulting the Board of Directors of the Institute, make rules to prescribe the qualifications, education and training for, and any other requirements that must be satisfied by, persons seeking to be qualified persons under this Act.
(3)  Without prejudice to the generality of subsection (2), rules made thereunder may —
(a)
prescribe the institutions of higher learning, and the courses provided and qualifications conferred thereby, which may be recognised for the purposes of this Act, and may include provisions for the review by the Institute of the syllabus and contents of such courses and examinations leading to such qualifications;
[8/2011 wef 03/05/2011]
(b)
specify the minimum standard of attainment, including the class of honours, to be achieved by persons who possess any of the prescribed qualifications;
(c)
prescribe such courses, tests or examinations to be undergone by persons who possess any of the prescribed qualifications;
(d)
provide for the exemption of any person or classes of persons from any of the provisions thereof by the Minister or by the Institute; and
[8/2011 wef 03/05/2011]
(e)
include such incidental, supplementary or transitional provisions as may be necessary or expedient.
[41/93; 20/2007]
(4)  References to an employee of a solicitor or law firm or law corporation or limited liability law partnership shall be construed to include a locum solicitor engaged by the solicitor or law firm or law corporation or limited liability law partnership, as the case may be, and references to being employed by a solicitor or law firm or law corporation or limited liability law partnership shall be construed accordingly, in the following provisions:
(a)
(b)
the definition of “specified person” in section 79(2);
(c)
paragraphs 1(1)(a)(ii), 5(1)(d) and 8A(1)(d) of the First Schedule; and
(d)
(5)  In the definition of “specified person” in section 79(2), reference to a member of a law firm shall be construed to include a locum solicitor engaged by the law firm.
[23/2004]
(6)  Unless it is expressly provided to the contrary —
(a)
references to a partnership in this Act; or
(b)
references to a law firm or firm in this Act, except in Part IXA,
shall not include a reference to a limited liability partnership.
[41/2005]
PART II
SINGAPORE INSTITUTE OF LEGAL EDUCATION
Establishment of Institute
3.
—(1)  There shall be established a body to be called the Singapore Institute of Legal Education.
(2)  The Institute shall be a body corporate with perpetual succession and a common seal, and with powers subject to the provisions of this Act —
(a)
to sue and be sued in its corporate name;
(b)
to acquire and dispose of property, both movable and immovable; and
(c)
to do and perform such other acts as bodies corporate may by law perform.
Functions and powers of Institute
4.
—(1)  The functions of the Institute shall be as follows:
(a)
to maintain and improve the standards of legal education in Singapore and, in particular, to make recommendations to the appropriate authorities on the training and education required for the qualification of persons as qualified persons, and to review the implementation of initiatives, programmes and curricula relating to legal education in Singapore, including diploma, undergraduate and postgraduate programmes, and continuing professional development;
(b)
to register qualified persons seeking admission as advocates and solicitors;
(c)
to provide for the training, education and examination, by the Institute or by any other body, of —
(i)
qualified persons intending to practise the profession of law in Singapore; and
(ii)
foreign lawyers intending to be registered by the Attorney-General under section 130I;
(d)
to exercise supervision over practice trainees during their practice training periods;
(e)
to exercise supervision over Singapore law practices and relevant legal officers as regards the supervised training in relation to the practice of Singapore law that is to be provided to a practice trainee during the practice training period;
(f)
to certify whether any degree conferred by any institution of higher learning in or outside Singapore is a qualification prescribed by any rules made under section 2(2);
(g)
to grant prizes and scholarships, and to establish and subsidise lectureships in educational institutions, in subjects of study relating to law;
(h)
to determine the requirements relating to continuing professional development that must be satisfied by —
(i)
advocates and solicitors; and
(ii)
foreign lawyers registered by the Attorney-General under section 130I;
(i)
to coordinate and exercise supervision over continuing professional development for the legal profession in Singapore, including the provision of courses and materials relating to continuing professional development; and
(j)
to facilitate the development of Singapore as an international centre for legal education.
(2)  In addition to the powers conferred by the other provisions of this Act, the Institute may —
(a)
purchase or lease any land or building required for any of the purposes of the Institute;
(b)
sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous;
(c)
receive grants from the Government or donations and gifts from the Academy, the Society or any other source;
(d)
borrow money, whether by way of bank overdraft or otherwise, for such of the purposes of the Institute as it may from time to time consider desirable;
(e)
invest the moneys and funds of the Institute in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act (Cap. 1);
(f)
engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment;
(g)
exercise such powers as may be conferred upon the Institute by this Act or any other written law; and
(h)
do all things that are necessary, incidental or conducive to carry into effect the functions of the Institute.
Board of Directors of Institute
5.
—(1)  The management of the affairs of the Institute and its property shall be vested in a Board of Directors.
(2)  The Board of Directors of the Institute may perform all such functions, and exercise all such powers, of the Institute as the Board thinks fit.
(3)  The Board of Directors of the Institute shall consist of the following members:
(a)
the Attorney-General;
(b)
the President of the Society;
(c)
the Dean of the Faculty of Law of the National University of Singapore;
(d)
the Dean of the School of Law of the Singapore Management University; and
(e)
not less than 8 and not more than 12 other members, all of whom shall be appointed by the President of the Academy, after consulting the Senate, for such period and on such terms and conditions as the President of the Academy may determine.
(4)  The President of the Academy shall, after consulting the Senate, appoint the Chairman of the Institute, from the members of the Board of Directors of the Institute, for such period and on such terms and conditions as the President of the Academy may determine.
(5)  The Senate may, after consulting the Board of Directors of the Institute, give such directions, not inconsistent with the provisions of this Act, to the Institute as to the performance of the Institute’s functions and the exercise of the Institute’s powers.
(6)  The Institute shall give effect to every direction of the Senate under subsection (5).
Appointment of Dean of Institute, officers and employees
6.
—(1)  The Board of Directors of the Institute shall, after consulting the President of the Academy, appoint a Dean of the Institute on such terms and conditions as the Board may determine.
(2)  The Dean of the Institute —
(a)
shall be responsible to the Board of Directors of the Institute for the proper administration and management of the functions and affairs of the Institute in accordance with the policy laid down by the Board; and
(b)
shall not be removed from office without the consent of the President of the Academy.
(3)  The Institute may, from time to time, appoint and employ, on such terms and conditions as the Board of Directors of the Institute may determine, such other officers and employees as may be necessary for the effective performance of the Institute’s functions under this Act or any other written law.
Appointment of committees and delegation
7.
—(1)  The Board of Directors of the Institute may appoint, from among the members of the Board or from other persons, such number of committees as the Board thinks fit for purposes which, in the opinion of the Board, would be more expediently carried out or managed by means of such committees.
(2)  The Board of Directors of the Institute may, subject to such conditions or restrictions as the Board thinks fit, delegate any function or power that may be performed or exercised by the Board under this Act or any other written law, except the power of delegation conferred by this section and the power to make subsidiary legislation, to —
(a)
the Chairman of the Institute or any other member of the Board;
(b)
the Dean of the Institute, or any other officer or employee of the Institute; or
(c)
any committee appointed under subsection (1).
(3)  Any function or power delegated under subsection (2) to any person or committee may be performed or exercised by that person or committee in the name and on behalf of the Institute.
(4)  No delegation under this section shall prevent the performance or exercise of any function or power by the Board of Directors of the Institute.
Meetings of Board of Directors of Institute
8.
—(1)  The Board of Directors of the Institute may meet at such times and places as the Board, or the Chairman of the Institute, may determine.
(2)  A member of the Board of Directors of the Institute may participate in a meeting of the Board through such means of communication (such as over the telephone or through a live audio, live video or live television link) as the Board may determine.
(3)  A member of the Board of Directors of the Institute who participates in a meeting of the Board in accordance with subsection (2) shall be deemed to be present at the meeting.
(4)  A majority of the members of the Board of Directors of the Institute shall constitute a quorum for any meeting of the Board.
(5)  All questions arising at any meeting of the Board of Directors of the Institute shall be decided by a majority of the votes of the members present.
(6)  At any meeting of the Board of Directors of the Institute, the Chairman of the Institute shall have a deliberative vote and shall, in the event of an equality of votes, have a casting vote.
(7)  The Board of Directors of the Institute may regulate its own procedure and, in particular, the holding of meetings, the notice to be given of meetings, the proceedings thereat and the keeping of minutes and the custody, production and inspection of those minutes.
(8)  The validity of the proceedings of the Board of Directors of the Institute shall not be affected by any vacancy amongst its members or by any irregularity in the appointment of any member.
Passing of resolution of Board of Directors of Institute by written means
9.
—(1)  Notwithstanding section 8, the Board of Directors of the Institute may pass any resolution of the Board by written means.
(2)  A resolution of the Board of Directors of the Institute is passed by written means if it has been formally agreed, in such manner as the Board may determine, on any date by a majority of the members of the Board.
(3)  Any reference in this Act or any other law to a decision of the Board of Directors of the Institute includes a reference to a resolution of the Board passed by written means.
(4)  Any reference in this Act or any other law to the doing of anything by the Board of Directors of the Institute includes a reference to the passing of a resolution of the Board by written means which authorises the doing of that thing.
Rules relating to legal education, continuing professional development and admission of advocates and solicitors
10.
—(1)  Subject to the provisions of this Part, Part IIA and section 25(1)(ca), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules for giving effect to this Part, Part IIA and section 25(1)(ca).
(2)  Without prejudice to the generality of subsection (1), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules —
(a)
with respect to the supervised training in relation to the practice of Singapore law which a practice trainee must receive before he can be admitted as an advocate and solicitor;
(b)
to prescribe the duration of the practice training period applicable to a practice trainee (including different durations for different classes of practice trainees), and to regulate the manner in which a practice trainee is to serve his practice training period;
(c)
to prescribe the courses of instruction, and the subjects therein, which a qualified person must attend and satisfactorily complete before he can be admitted as an advocate and solicitor, and to regulate the conduct of a qualified person while attending such a course (including through disciplinary measures for any misconduct);
(d)
to prescribe the examinations which a qualified person must pass before he can be admitted as an advocate and solicitor, and to regulate the conduct of a qualified person during such an examination (including through disciplinary measures for any misconduct);
(e)
to provide for the courses of instruction, and the subjects therein, which a foreign lawyer must attend and satisfactorily complete before he can be registered by the Attorney-General under section 130I, and to regulate the conduct of a foreign lawyer while attending such a course (including through disciplinary measures for any misconduct);
(f)
to provide for the examinations which a foreign lawyer must pass before he can be registered by the Attorney-General under section 130I, and to regulate the conduct of a foreign lawyer during such an examination (including through disciplinary measures for any misconduct);
(g)
to prescribe the procedure by which a qualified person is admitted as an advocate and solicitor of the Supreme Court;
(h)
to prescribe the forms to be used and the fees to be paid for the purposes of this Part, Part IIA, section 25(1)(ca) and any rules made under this section;
(i)
to prescribe the requirements relating to continuing professional development that must be satisfied by advocates and solicitors and by foreign lawyers registered by the Attorney-General under section 130I (including different requirements for different classes thereof), and the measures which may be taken to verify whether those requirements have been complied with and to enforce compliance with those requirements; and
(j)
to provide for the waiver of any requirement referred to in paragraph (i), in relation to any advocate and solicitor or foreign lawyer referred to in that paragraph, by such person or persons as the Board of Directors of the Institute may appoint.
(3)  Disciplinary proceedings may be taken against any advocate and solicitor, or foreign lawyer registered by the Attorney-General under section 130I, who contravenes any rules made under this section.
Protection from personal liability
10A.  No liability shall be incurred by the Board of Directors of the Institute, the Chairman of the Institute or any other member of the Board, the Dean of the Institute, or any other officer or employee of the Institute, any committee appointed under section 7(1) or any member of any such committee, or any other person acting under the direction of the Institute, as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the execution or purported execution of the Institute’s functions under this Act or any other written law.
Dissolution of Board of Legal Education and transfer to Institute of property, existing contracts, etc.
11.
—(1)  As from the relevant date, the Board of Legal Education shall be dissolved, and all movable and immovable property vested in the Board of Legal Education and all assets, interests, rights, privileges, liabilities and obligations of the Board of Legal Education shall be transferred to and shall vest in the Institute without further assurance, act or deed.
(2)  Without prejudice to subsection (8), all proceedings in respect of the transferred property, assets, interests, rights, privileges, liabilities and obligations by or against the Board of Legal Education which are pending on the relevant date may be continued, completed and enforced by or against the Institute.
(3)  Every agreement relating to any of the transferred property, assets, interests, rights, privileges, liabilities and obligations to which the Board of Legal Education was a party immediately before the relevant date, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that date as if —
(a)
the Institute had been a party to the agreement; and
(b)
for every reference to the Board of Legal Education, there was substituted, in respect of anything to be done on or after the relevant date, a reference to the Institute.
(4)  All contracts, agreements, conveyances, deeds, leases, guarantees, bonds, indemnities, instruments, undertakings, schemes and arrangements subsisting immediately before the relevant date to which the Board of Legal Education is a party shall continue in force on and after that date and shall be enforceable by or against the Institute as if the Institute had been named therein or had been a party thereto instead of the Board of Legal Education.
(5)  As from the relevant date, all persons who, immediately before that date, were employed by the Board of Legal Education shall be transferred to the service of the Institute on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(6)  Where, on the relevant date, any disciplinary proceedings were pending against any employee of the Board of Legal Education transferred to the service of the Institute, the proceedings shall be carried on and completed by the Institute.
(7)  The Institute may reprimand, reduce in rank, retire, dismiss or punish in some other manner any transferred employee who had, whilst he was in the employment of the Board of Legal Education, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the employment of the Board of Legal Education.
(8)  Without prejudice to subsection (2), all proceedings or causes of action pending or existing immediately before the relevant date by or against the Board of Legal Education may be continued, completed and enforced by or against the Institute.
(9)  As from the relevant date, the Institute may issue any certificate or other document which could have been issued by the Board of Legal Education.
(10)  The operation of this section shall not be regarded —
(a)
as a breach of contract or confidence or otherwise as a civil wrong;
(b)
as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or
(c)
as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability.
(11)  The operation of this section shall not be regarded as an event of default under any contract or other legal instrument.
(12)  Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, asset, interest, right, privilege, liability or obligation transferred to the Institute under this section shall be deemed by this section to have been waived.
(13)  Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre-emption rights in respect of any property, asset, interest, right, privilege, liability or obligation to be transferred by reason of or arising from, or to the effect that a default shall occur or be deemed to occur as a result of, the transfer or intended transfer of the property, asset, interest, right, privilege, liability or obligation under this section shall be deemed by this section to have been waived.
(14)  No attornment to the Institute by a lessee from the Board of Legal Education shall be required.
(15)  In this section, “relevant date” means the date of commencement of section 4 of the Legal Profession (Amendment) Act 2011.
PART IIA
ADMISSION OF ADVOCATES AND SOLICITORS
Admission as advocate and solicitor of Supreme Court
12.
—(1)  Subject to the provisions of this Act (including any rules made under this section or section 2(2), 10 or 14), the court may, in its discretion, admit any qualified person as an advocate and solicitor of the Supreme Court.
(2)  Any qualified person who applies to be admitted under this section shall —
(a)
do so in accordance with, and comply with all applicable requirements of, any rules made under section10(2)(g); and
(b)
if he belongs to such class of qualified persons as the Minister may prescribe under subsection (6), do so within such time as the Minister may prescribe under that subsection.
(3)  The court shall not admit under this section any qualified person who is required, but fails, to comply with subsection (2)(b).
(4)  The Attorney-General, the Society and the Institute shall be entitled to object to any application under subsection (2).
(5)  Any other person who has filed and served a notice of objection in relation to an application under subsection (2), in accordance with any rules made under section 10(2)(g), shall be entitled to object to that application.
(6)  The Minister may, after consulting the Board of Directors of the Institute, make rules to prescribe —
(a)
the classes of qualified persons to whom subsection (2)(b) applies; and
(b)
in respect of each such class of qualified persons, the time within which a qualified person belonging to that class shall make his application under subsection (2).
Requirements for admission
13.
—(1)  Subject to any rules made under section 14, no qualified person shall be admitted as an advocate and solicitor unless he —
(a)
has attained the age of 21 years;
(b)
is of good character;
(c)
has satisfactorily served the practice training period applicable to him;
(d)
has attended and satisfactorily completed such courses of instruction as the Board of Directors of the Institute may prescribe under section 10; and
(e)
has passed such examinations as the Board of Directors of the Institute may prescribe under section10.
(2)  No person who is a qualified person by reason of his having passed the final examination for a law degree in any institution of higher learning pursuant to any rules made under section 2(2) shall be admitted as an advocate and solicitor before the law degree is conferred upon him.
Powers of Minister in relation to admission requirements
14.
—(1)  Upon an application made to the Minister by any person who is not otherwise entitled to be a qualified person, the Minister may, in his discretion, if he is of the opinion that the person possesses such qualification or expertise as would contribute to, promote or enhance the quality of legal services in Singapore or the economic or technological development of Singapore —
(a)
approve the person as a qualified person for the purposes of this Act, subject to such conditions as the Minister may think fit to impose; and
(b)
issue to the person a notice in writing to that effect.
(2)  Where any qualification conferred by an institution of higher learning is a qualification prescribed under section 2(2), and an application is made to the Minister by any person who possesses any equivalent qualification conferred by that institution of higher learning, the Minister may, after consulting the Board of Directors of the Institute —
(a)
deem that equivalent qualification to be the prescribed qualification, subject to such conditions as the Minister may think fit to impose; and
(b)
issue to that person a notice in writing to that effect.
(3)  Upon an application made to the Minister by any person who possesses any qualification that is recognised, by a foreign authority having the function conferred by-law of authorising or registering persons to practise law in a state or territory other than Singapore, as a qualification required for eligibility to practise law in that state or territory, the Minister may, after consulting the Board of Directors of the Institute and if the Minister is of the opinion that the person’s qualification is equivalent to any qualification prescribed under section 2(2) —
(a)
deem the person’s qualification to be a qualification that is so prescribed, subject to such conditions as the Minister may think fit to impose; and
(b)
issue to the person a notice in writing to that effect.
(4)  The Minister may, after consulting the Board of Directors of the Institute, make rules (referred to in this subsection as the relevant rules) for —
(a)
the exemption of any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in the relevant rules from all or any, and from the whole or any part of any, of the requirements under section 13(1)(c), (d) and (e) and any rules made under section 10(2)(a), (b), (c) and (d); and
(b)
the abridgment of the practice training period applicable to any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in the relevant rules.
(5)  Without prejudice to subsection (4), upon an application made to the Minister by any qualified person, the Minister may, in his discretion, exempt the qualified person from all or any, and from the whole or any part of any, of the requirements under section 13(1)(c), (d) and (e) and any rules made under section 10(2)(a), (b), (c) and (d), or abridge the practice training period applicable to a qualified person, if the Minister is of the opinion that the qualified person is, by reason of his standing and experience or for any other cause, a fit and proper person to be so exempted or to have his practice training period abridged, as the case may be.
(6)  An exemption or abridgment granted to a person under subsection (5) —
(a)
may be subject to such conditions as the Minister may think fit to impose by notice in writing to the person;
(b)
shall be notified in writing to the person; and
(c)
need not be published in the Gazette.
(7)  The Minister may, after consulting the Board of Directors of the Institute, make rules to provide for —
(a)
the payment of fees for —
(i)
any application made to the Minister under this section or under any rules made under section 2(2) or 12(6) or subsection (4); and
(ii)
any matter related or incidental to any such application; and
(b)
all other matters related thereto.
Ad hoc admissions
15.
—(1)  Notwithstanding anything to the contrary in this Act, the court may, for the purpose of any one case, admit to practise as an advocate and solicitor any person who —
(a)
holds —
(i)
Her Majesty’s Patent as Queen’s Counsel; or
(ii)
any appointment of equivalent distinction of any jurisdiction;
(b)
does not ordinarily reside in Singapore or Malaysia, but has come or intends to come to Singapore for the purpose of appearing in the case; and
(c)
has special qualifications or experience for the purpose of the case.
(2)  The court shall not admit a person under this section in any case involving any area of legal practice prescribed under section 10 for the purposes of this subsection, unless the court is satisfied that there is a special reason to do so.
(3)  Any person who applies to be admitted under this section shall do so by originating summons supported by an affidavit of the applicant, or of the advocate and solicitor instructing him, stating the names of the parties and brief particulars of the case in which the applicant intends to appear.
(4)  The originating summons and affidavit or affidavits shall be served on the Attorney-General, the Society and the other party or parties to the case.
(5)  At the time of the service, the applicant shall pay the prescribed fee to the Attorney-General and the Society for their costs incurred in the application.
(6)  Before admitting a person under this section, the court shall have regard to the views of each of the persons served with the application.
(6A)  The Chief Justice may, after consulting the Judges of the Supreme Court, by notification published in the Gazette, specify the matters that the court may consider when deciding whether to admit a person under this section.
(7)  The Registrar shall, on payment of the fee prescribed under section 135 for the purposes of this subsection, issue to every person admitted under this section a certificate to practise specifying in it the case in which the person is permitted to appear.
(8)  Any person to whom a certificate to practise has been issued under subsection (7) shall, for the purpose of his employment in that case, be deemed to be a person to whom a practising certificate has been issued under section 25.
(9)  The Registrar shall not enter the names of persons admitted under this section upon the roll of advocates and solicitors but shall keep a separate roll for persons admitted under this section.
(10)  In this section, “case” includes any interlocutory or appeal proceedings connected with a case.
Roll of advocates and solicitors
16.
—(1)  The Registrar shall maintain a roll of advocates and solicitors with the dates of their respective admissions.
(2)  The name, with the date of admission, of every person admitted shall be entered upon the roll in order of admission.
(3)  Every person admitted as an advocate and solicitor shall pay the fee prescribed under section 135 for the purposes of this subsection, and the Registrar shall deliver to him an instrument of admission signed by the Chief Justice or the Judge who admitted the applicant.
(4)  If, at any time after the admission of any person as an advocate and solicitor, it is shown to the satisfaction of the court that any application, affidavit, certificate or other document filed by the person contains any substantially false statement or a suppression of any material fact, or that any such certificate was obtained by fraud or misrepresentation, the name of the person shall be struck off the roll.
(5)  This section shall not apply to persons admitted under section 15.
Extension or abridgment of time
17.  Without prejudice to the generality of section 18(2) of, and item 7 of the First Schedule to, the Supreme Court of Judicature Act (Cap. 322), the court may, at any time and on such terms as it thinks just, by order extend or abridge the time prescribed for any thing under any rules made under section 10(2)(g).
 
[Sections 18 to 24 repealed by Act 8 of 2011 wef 3 May 2011]
PART III
PRACTISING CERTIFICATES
Practising certificates
25.
—(1)  Every solicitor shall, in every year before he does any act in the capacity of an advocate and solicitor, deliver or cause to be delivered to the Registrar an application for a practising certificate in such form and manner as the Registrar may require, the application to be accompanied by —
(a)
a declaration in writing stating —
(i)
his full name;
(ii)
in a case where he is practising or intends to practise in a Singapore law practice, the name of the Singapore law practice in which he is or will be practising;
(iii)
in a case where he is registered by the Attorney-General under section 130N to practise Singapore law, and is practising or intends to practise Singapore law, in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice, the name of each Joint Law Venture and foreign law practice in which he is or will be practising;
[8/2011 wef 03/05/2011]
(iv)
the principal address, and every other address in Singapore, of each Singapore law practice, Joint Law Venture and foreign law practice in which he will be practising;
(v)
that he is not disqualified under section 26(1) from applying for a practising certificate; and
(vi)
in a case where he is applying for a practising certificate to practise as a locum solicitor, that he is not disqualified under section 26(1A) from applying for such a practising certificate;
(b)
a certificate from the Council or such other evidence as the Registrar may require that —
(i)
he is not in arrears in respect of any contribution to the Compensation Fund, subscription or levy lawfully due to the Society under the provisions of this Act;
(ii)
he has paid all the contributions and subscriptions payable prior to the issue of a practising certificate pursuant to sections 46 and 75;
(iii)
he has complied with or is exempt from the rules relating to professional indemnity made under section 75A;
[8/2011 wef 03/05/2011]
(iv)
if he has been ordered by the Council to pay any penalty under Part VII, he has paid the penalty; and
(v)
if he has been ordered by any court of law in Singapore or elsewhere to pay any sum to the Council or the Society, he has paid the sum;
(c)
a certificate from the Academy that he has paid all moneys, contributions and subscriptions payable by him under the Singapore Academy of Law Act (Cap. 294A) and any rules made thereunder;
(ca)
a declaration in writing in such form and containing such statements as may be prescribed by the Institute under section 10 for the purposes of this paragraph;
(d)
such accountant’s report as may be required under section 73 or a certificate from the Council stating that owing to the circumstances of his case such a report is unnecessary; and
(e)
the prescribed fee.
[10/91; 40/96; 4/2000; 41/2005; 19/2008]
(2)  The Registrar shall, subject to sections 25A and 25B, thereupon issue to the solicitor a practising certificate authorising him to practise as an advocate and solicitor in Singapore.
[40/96]
(2A)  A practising certificate issued under subsection (2) shall not authorise a solicitor to practise as a locum solicitor unless the practising certificate was issued pursuant to an application by the solicitor in accordance with any rules made under this section relating to practising certificates to practise as a locum solicitor.
[23/2004]
(3)  Every practising certificate shall be signed or approved by the Registrar and shall, subject to sections 26(9) and 27B, be in force from the date of issue to the end of the year.
[40/96; 4/2000]
(4)  Where the name of a solicitor is removed from or struck off the roll, the practising certificate, if any, of that solicitor for the time being in force shall expire immediately and the date of the expiry shall be entered by the Registrar in the register of practitioners.
(5)  Every practising certificate issued in the month of April shall be deemed to have been in force from the first day of that month.
(6)  In this section, “year” means the period from 1st April in any calendar year to 31st March in the next calendar year.
(7)  Subject to the provisions of this Act, the Council may make rules regulating the issue of practising certificates, including (in relation to practising certificates to practise as locum solicitors) rules specifying all or any of the following:
(a)
any modification to subsection (1), including any provision requiring a solicitor applying for such a practising certificate to give any undertaking relating to his practice;
(b)
any condition that shall apply to such a practising certificate, including conditions relating to the handling of client’s money by the solicitor and the supervision of the solicitor;
(c)
any training that the solicitor must complete for the purposes of section 26(1A)(b) and the time within which such training must be completed.
[23/2004]
(8)  Rules made by the Council under this section shall be signed by the President of the Society and submitted to the Chief Justice and shall come into operation upon the Chief Justice signifying his approval.
Power of Attorney-General, Registrar and Council with respect to issue of practising certificates in certain circumstances
25A.
—(1)  This section shall apply to any solicitor —
(a)
whose suspension from practice has expired;
(b)
who has been discharged from bankruptcy;
(c)
who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere;
(d)
who has been convicted of an offence involving dishonesty or fraud;
(e)
who has been convicted of an offence in relation to his conduct in his practice of law;
(f)
who has been found guilty of misconduct in any other professional capacity;
(fa)
whose fitness to practise has been determined under section 25C to be impaired by reason of his physical or mental condition, or who, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so;
(g)
whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to his practice; or
(h)
whom the Attorney-General or the Council is satisfied has failed to comply with any of the rules made under section 72 or any of the rules made under section 73D of the Conveyancing and Law of Property Act (Cap. 61).
[40/96; 19/2008]
(2)  Subject to subsection (2A), where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar —
(a)
to refuse the application for a practising certificate; or
(b)
to issue a practising certificate to the solicitor subject to such conditions as the Attorney-General or the Council may specify,
and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing.
[40/96; 19/2008]
(2A)  The Council shall not be entitled to make a request under subsection (2) in relation to a solicitor without the consent of the Attorney-General, if the solicitor —
(a)
is registered by the Attorney-General under section 130N to practise 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)
undertakes not to practise in any Singapore law practice while his practising certificate is in force.
[19/2008]
(3)  Without prejudice to the generality of subsection (2)(b) —
(a)
conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney-General or the Council, be conducive to his carrying on an efficient practice as a solicitor; and
(b)
conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.
[40/96]
(4)  Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in subsection (1)(c), (d), (e), (f), (fa), (g) or (h), the solicitor concerned may, upon proof of a change in the circumstances or for any good cause, inform the Attorney-General or the Council, as the case may be, of the change or good cause.
[40/96; 19/2008]
(5)  The Attorney-General or the Council, as the case may be, shall, upon being so informed under subsection (4), reconsider the request and may in writing request the Registrar —
(a)
to grant the application for a practising certificate; or
(b)
to remove any condition imposed on the practising certificate under subsection (2)(b),
and the Registrar may comply with the request and notify the solicitor in writing.
[40/96]
(6)  Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1), then, except in the case of any circumstances of whose existence the Attorney-General or the Council is unaware at the time the certificate is issued, this section shall not thereafter apply in relation to that solicitor by reason of those circumstances.
[40/96]
(7)  The Registrar shall not refuse an application by a solicitor for a practising certificate where —
(a)
this section applies to the solicitor by reason only of any such circumstances as are mentioned in subsection (1)(a) or (b); or
(b)
disciplinary proceedings against the solicitor under Part VII or section 130R by reason of any such circumstances as are mentioned in subsection (1) have been disposed of.
[40/96; 19/2008]
Appeals in connection with issue of practising certificates
25B.
—(1)  Where the Registrar has refused to issue a practising certificate or has issued to a solicitor a practising certificate subject to a condition under section 25A, the solicitor may, within one month of being notified by the Registrar of the decision, appeal to a Judge by originating summons.
[40/96]
(2)  Any appeal under subsection (1) shall be served on the Attorney-General and the Society, and the Attorney-General and the Society may appear at the hearing to make representations.
[40/96]
(3)  On such appeal, the Judge may —
(a)
direct the Registrar not to issue a practising certificate to the solicitor;
(b)
direct the Registrar to issue a practising certificate to the solicitor free of conditions or subject to such conditions as the Judge thinks fit; or
(c)
make such other order as the Judge thinks fit.
[40/96]
(4)  No appeal shall lie from any order made by a Judge under this section.
[40/96]
Medical examination required in certain circumstances
25C.
—(1)  If the Attorney-General or the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Attorney-General or the Council (as the case may be) may apply to a Judge by originating summons for an order that the solicitor submit to a medical examination.
[19/2008]
(2)  An application under subsection (1) shall be served on the solicitor concerned.
[19/2008]
(3)  If, on an application under subsection (1), the Judge is of the opinion that the solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Judge shall order the solicitor to submit to a medical examination to be conducted —
(a)
by a registered medical practitioner who meets such criteria as the Judge may, having regard to all the circumstances of the case, specify; and
(b)
within such period as the Judge may specify in the order.
[19/2008]
(4)  The registered medical practitioner shall —
(a)
personally examine the solicitor;
(b)
determine whether the fitness of the solicitor to practise has been impaired by reason of the solicitor’s physical or mental condition; and
(c)
submit a report of his determination and the reasons for the determination, within 14 days from the date of the medical examination, to the solicitor, the Attorney-General and the Council.
[19/2008]
(5)  In making his determination under subsection (4), the registered medical practitioner may have regard to —
(a)
his own observations;
(b)
the results of any tests carried out on the solicitor; and
(c)
any facts which are communicated to him by the Attorney-General, the Council or any other person.
[19/2008]
(6)  The solicitor shall bear all costs of and incidental to his medical examination under this section, any tests carried out on him for the purposes of the medical examination and the report referred to in subsection (4)(c).
[19/2008]
(7)  Without prejudice to subsections (1) to (6), if the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Council may direct the solicitor to stop practising until he has submitted to a medical examination.
[19/2008]
(8)  Where the Council has given a solicitor a direction under subsection (7) —
(a)
the Council shall, not later than 7 days from the date the direction was given —
(i)
make an application under subsection (1) in relation to the solicitor; and
(ii)
serve that application on the solicitor;
(b)
the direction shall cease to have effect, if —
(i)
the Council fails to comply with paragraph (a); or
(ii)
the application referred to in paragraph (a) is dismissed;
(c)
the solicitor may, upon proof of a change in the circumstances or for any good cause —
(i)
inform the Council of the change or good cause and request that the Council’s direction be rescinded; or
(ii)
apply to a Judge for an order that the Council’s direction be set aside, such application to be made —
(A)
by summons, in a case where the Council has made an application under subsection (1) in relation to the solicitor; or
(B)
by originating summons, in any other case,
and served on the Society; and
(d)
the solicitor shall comply with the Council’s direction until it ceases to have effect under paragraph (b) or is rescinded by the Council or set aside by a Judge.
[19/2008]
(9)  Notwithstanding anything in this section, the Council shall not be entitled to make any application under subsection (1) in relation to a solicitor, or to give any direction under subsection (7) to a solicitor, without the consent of the Attorney-General, if the solicitor —
(a)
is registered by the Attorney-General under section 130N to practise 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)
does not practise in any Singapore law practice.
[19/2008]
Disqualification for practising certificates
26.
—(1)  No solicitor shall apply for a practising certificate —
(a)
unless —
(i)
he is practising or intends to practise in a Singapore law practice;
(ii)
he is registered by the Attorney-General under section 130N to practise Singapore law, and is practising or intends to practise Singapore law, in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; or
(iii)
he is practising or intends to practise as a locum solicitor;
[(b), (ba), (c) and (ca) — Deleted by Act 19 of 2008]
(d)
if he has, for a period of 3 years or more, held office as a Judge of the Supreme Court or of the Supreme Court of Malaysia or of any High Court in any part of Malaysia;
(e)
if he is an undischarged bankrupt;
(f)
if he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;
(g)
if he has one or more outstanding judgments against him amounting in the aggregate to $100,000 or more which he has been unable to satisfy within 6 months from the date of the earliest judgment; or
(h)
if he lacks capacity within the meaning of the Mental Capacity Act 2008 to act as a solicitor.
[16/93; 15/95; 40/96; 4/2000; 23/2004; 41/2005; 19/2008]
(1A)  No solicitor shall apply for a practising certificate to practise as a locum solicitor unless he is a citizen or a permanent resident of Singapore, and —
(a)
has, for a period of not less than 3 years in the aggregate in the 5 years immediately preceding the application —
(i)
practised as a solicitor in a Singapore law practice; or
(ii)
been employed as a Legal Service Officer;
(b)
has completed such training within such time as the Council may by rules under section 25 prescribe; or
(c)
has practised as a locum solicitor at any time within the period of 3 years immediately preceding the application.
[41/2005; 19/2008]
(2)  Notwithstanding anything in subsection (1), any solicitor who has held office as a Judge of the Supreme Court for a period of 3 years or more shall on application be issued a practising certificate enabling him to practise as a solicitor, but without the right of audience in any court of justice in Singapore.
[10/91]
(3)  Subsection (1) shall not apply to —
(a)
a solicitor who is employed by the Society, the Institute or any statutory body or law office in the public service;
[8/2011 wef 03/05/2011]
(b)
a solicitor who is employed as a full-time member of the academic staff of any department of the National University of Singapore or of any department of law in any other institution of higher learning in Singapore and who has been so employed in either case for at least 3 continuous years; or
(c)
a State Counsel, Deputy Public Prosecutor or other legal officer of the government of any country or any territory of that country,
if the Attorney-General issues a certificate under his hand to the person and specifies therein the matters in which the person may appear and plead in courts of law.
[35/2001; 19/2008]
(4)  Where the Attorney-General has issued a certificate to a solicitor under subsection (3)(a) or (b), the Registrar shall, upon the solicitor complying with the provisions of this Act, issue him a practising certificate specifying therein the matters in which he may appear and plead in courts of law and the conditions (if any) as contained in the Attorney-General’s certificate.
[35/2001]
(5)  Where the Attorney-General has issued a certificate to a person under subsection (3)(c), the Registrar shall issue him a practising certificate specifying therein the matters in which he may appear and plead in courts of law and the conditions (if any) as contained in the Attorney-General’s certificate.
[35/2001]
(6)  The Attorney-General may shorten the period referred to in subsection (3)(b) if he is satisfied that the solicitor has gained substantial experience in law for the purposes of that subsection.
[35/2001]
(7)  Sections 72 and 73 shall not apply to a solicitor who has been issued with a certificate under subsection (3)(a) or (b).
[35/2001]
(8)  The other provisions of this Act shall not apply to a person who has been issued a certificate under subsection (3)(c).
[35/2001]
(9)  A practising certificate issued to a solicitor shall cease to be in force —
(a)
when the solicitor ceases to practise or to be employed as provided in this section;
(b)
upon the solicitor becoming subject to any disqualification under subsection (1)(e), (f), (g) or (h); or
(c)
when the Registrar subsequently issues another practising certificate to the solicitor.
[40/96; 23/2004]
(10)  For the purposes of this section, “Judge” shall not include a Judicial Commissioner of the Supreme Court.
[40/96]
Register of practitioners
27.
—(1)  Upon the issue of every practising certificate, the Registrar shall cause to be entered in an annual register kept for that purpose (referred to in this Act as the register of practitioners) the particulars referred to in section 25(1)(a)(i) to (iv) as contained in the declaration delivered under section 25(1)(a) and any condition imposed on the practising certificate.
[40/96]
(2)  Any person may inspect the register of practitioners during office hours without payment.
(3)  If there is any change with respect to any solicitor in the particulars referred to in subsection (1) or with respect to the status of his practising certificate, including as to whether it has ceased to be in force under section 26(9), that solicitor shall within one week thereafter notify the Registrar and the Council, and the Registrar shall thereupon cause the entry in respect of that solicitor in the register of practitioners to be amended.
[40/96]
Imposition of conditions while practising certificates are in force
27A.
—(1)  Subject to subsection (1A), where, at any time during the currency of the practising certificate of a solicitor, section 25A would have effect in relation to him by reason of any such circumstances as are mentioned in section 25A(1) if he were to make an application for a practising certificate at that time, a Judge may, upon an application by the Attorney-General or the Council made by originating summons and served upon the solicitor, direct that the current practising certificate of the solicitor shall have effect subject to such conditions as the Judge thinks fit.
[40/96; 19/2008]
(1A)  The Council shall not be entitled to make an application under subsection (1) in relation to a solicitor without the consent of the Attorney-General, if the solicitor —
(a)
is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice;
(b)
does not practise in any Singapore law practice; and
(c)
undertakes not to practise in any Singapore law practice while his practising certificate remains in force.
[19/2008]
(2)  Where an order under subsection (1) has been made against a solicitor by reason only of any such circumstances as are mentioned in section 25A(1)(c), (d), (e), (f), (fa), (g) or (h), the solicitor may, upon proof of a change in the circumstances or for any good cause, apply to a Judge by summons for a reconsideration of the matter.
[40/96; 19/2008]
(3)  Any application under subsection (2) shall be served on the Attorney-General and the Society, and the Attorney-General and the Society may appear at the hearing to make representations.
[40/96]
(4)  At the hearing of the application, the Judge shall consider all the circumstances of the case and may make such order as he thinks fit.
[40/96]
(5)  No appeal shall lie from any order made by a Judge under subsection (4).
[40/96]
(6)  Section 25A(3) shall apply for the purposes of subsection (1) as it applies for the purposes of section 25A(2)(b).
[40/96]
Referral to Disciplinary Tribunal and suspension of practising certificates
27B.
—(1)  Subject to subsection (1A), upon an application to a Judge by the Attorney-General or the Council, or on the hearing by a Judge of an application made under section 27A, the Judge may —
(a)
where the Judge is satisfied that cause of sufficient gravity for disciplinary action against a solicitor exists —
(i)
request the Society under section 85(3)(b) to refer the matter to a Disciplinary Tribunal unless the matter had been or is being dealt with under Part VII or is to be dealt with under section 94A; and
(ii)
order that the solicitor’s current practising certificate be suspended; or
(b)
order that a solicitor’s current practising certificate be suspended, if —
(i)
the solicitor’s fitness to practise has been determined under section 25C to be impaired by reason of the solicitor’s physical or mental condition;
(ii)
the solicitor, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so; or
(iii)
the Judge is satisfied that the solicitor is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to the solicitor’s practice.
[19/2008]
(1A)  The Council shall not be entitled to make an application under subsection (1) in relation to a solicitor without the consent of the Attorney-General, if the solicitor —
(a)
is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice;
(b)
does not practise in any Singapore law practice; and
(c)
undertakes not to practise in any Singapore law practice while his practising certificate remains in force.
[19/2008]
(2)  Any application by the Attorney-General or the Council under subsection (1) shall be made by originating summons which shall be served on the solicitor.
[40/96]
(3)  Where the Attorney-General or the Council makes an application under subsection (1), the Judge shall have, in addition to his powers under that subsection, the powers exercisable by him under section 27A.
[40/96]
(4)  If, in a case where a Judge has made an order under subsection (1)(a)(ii) suspending a solicitor’s current practising certificate —
(a)
the Disciplinary Tribunal determines under section 93(1)(a) that no cause of sufficient gravity for disciplinary action against the solicitor exists under section 83 or determines under section 93(1)(b) that the solicitor should be reprimanded;
(b)
the application made against the solicitor under section 98(1) is withdrawn or dismissed; or
(c)
an order has been made under section 98 that the solicitor be struck off the roll, suspended from practice or censured, or that the solicitor pay a penalty,
the suspension of the practising certificate of the solicitor shall terminate immediately.
[40/96; 42/2005; 19/2008]
(5)  Nothing in subsection (4) shall be construed as affecting the power of the court of 3 Judges of the Supreme Court to suspend a solicitor from practice on an application under section 98(1).
[40/96; 42/2005; 19/2008]
(6)  Where the suspension of the practising certificate of a solicitor under this section has terminated by reason only of the expiry of the solicitor’s current practising certificate and not by reason of the occurrence of any of the events mentioned in subsection (4), the solicitor shall not apply for another practising certificate until any of the events mentioned in subsection (4) has occurred; and if a practising certificate has been issued to him, that certificate shall cease to be in force.
[40/96]
(7)  No appeal shall lie from any order made by a Judge under this section.
[40/96]
Cancellation of practising certificates
28.
—(1)  The Council may apply to a Judge by originating summons for an order directing the Registrar to cancel a practising certificate issued to a solicitor, if it appears to the Council that —
(a)
the certificate has been issued to the solicitor contrary to the provisions of this Act;
(b)
the accountant’s report submitted by the solicitor does not comply with section 73; or
(c)
the certificate has ceased to be in force under section 26(9)(a) or (b), but the solicitor has failed to notify the Registrar and the Council of this in accordance with section27(3).
(2)  Such an application shall be served on the advocate and solicitor concerned and upon the hearing thereof the Judge may make such order as he may think fit and may also make such order for the payment of costs as may be just.
(3)  Disciplinary proceedings may be taken against any solicitor if in, or in relation to, an application for a practising certificate he makes a false statement material to the application.
PART IV
PRIVILEGES OF ADVOCATES AND SOLICITORS
Privileges of advocates and solicitors
29.
—(1)  Advocates and solicitors shall, subject to the provisions of any written law, have the exclusive right to appear and plead in all courts of justice in Singapore according to the law in force in those courts; and as between themselves shall, subject to section 31, have the same rights and privileges without differentiation.
[15/89]
(2)  Nothing in subsection (1) shall affect the right which is hereby declared of —
(a)
the Attorney-General, the Solicitor-General, State Counsel, Deputy Public Prosecutors and qualified persons appointed temporarily to perform the duties of those persons to appear and plead on behalf of the Government in those courts;
(b)
the Public Trustee, the Official Assignee, Assistant Public Trustees and Assistant Official Assignees to appear and plead in those courts under any of the provisions of any law relating to those offices; and
(c)
the Director of Legal Aid and Assistant Directors of Legal Aid to appear and plead in those courts under the provisions of the Legal Aid and Advice Act (Cap. 160) or the International Child Abduction Act 2010.
[19/2008]
(3)  Notwithstanding subsection (1), an advocate and solicitor who practises in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice shall not be entitled to practise Singapore law except in accordance with Part IXA and any rules made under section 130W.
[19/2008]
Appointment of Senior Counsel
30.
—(1)  A Selection Committee comprising the Chief Justice, the Attorney-General and the Judges of Appeal may appoint an advocate and solicitor or a Legal Service Officer as Senior Counsel if the Selection Committee is of the opinion that, by virtue of the person’s ability, standing at the Bar or special knowledge or experience in law, he is deserving of such distinction.
[15/89; 40/96]
(2)  At every meeting of the Selection Committee, 3 members shall constitute a quorum, and no business shall be transacted unless a quorum is present.
[40/96]
(3)  A decision at a meeting of the Selection Committee shall be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chief Justice shall have a casting vote in addition to his original vote.
[40/96]
(4)  Subject to this section, the Selection Committee may establish its own practice and regulate its own procedure.
[40/96]
(5)  The appointment of a Senior Counsel shall be deemed to be revoked if the Senior Counsel —
(a)
[Deleted by Act 19 of 2008]
(b)
being a Legal Service Officer, is dismissed from the Singapore Legal Service;
(c)
being a member of the Faculty of Law of the National University of Singapore or the School of Law of the Singapore Management University, is dismissed from the Faculty or School, as the case may be;
(d)
is convicted of an offence by a court of law in Singapore or elsewhere and sentenced to imprisonment for a term of not less than 12 months or to a fine of not less than $2,000 and has not received a free pardon;
(e)
becomes mentally disordered and incapable of managing himself or his affairs;
(f)
is an undischarged bankrupt; or
(g)
enters into a composition with his creditors or a deed of arrangement with his creditors.
[40/96; 20/2007; 19/2008]
(5A)  The appointment of a Senior Counsel shall be deemed to be revoked if, upon an application under section 82A(10) or 98(1) —
(a)
the Senior Counsel is suspended from practice or struck off the roll; or
(b)
a court of 3 Judges of the Supreme Court recommends that the appointment of the Senior Counsel be revoked.
[19/2008]
(6)  No person shall be appointed as a Senior Counsel unless he has for an aggregate period of not less than 10 years been an advocate and solicitor or a Legal Service Officer or both.
[15/89]
(7)  On 21st April 1989, those persons who, on the date immediately preceding that date, are holding office as the Attorney-General and the Solicitor-General shall be deemed to have been appointed as Senior Counsel under this section.
[15/89]
(8)  Any person who, on or after 1st June 2007, holds office as the Attorney-General or the Solicitor-General shall, if he is not a Senior Counsel, be deemed to have been appointed as Senior Counsel under this section on that date or the date on which he is appointed Attorney-General or Solicitor-General, whichever is the later.
[20/2007]
Order of precedence of Senior Counsel in court
31.
—(1)  Senior Counsel shall rank in precedence after the Attorney-General and the Solicitor-General according to their seniority of appointment as Senior Counsel.
(2)  If 2 or more Senior Counsel are appointed on the same day, they shall take precedence according to the date on which they were admitted as advocates and solicitors.
[15/89]
Requirements for practice and unauthorised persons
32.
—(1)  Subject to this Part and Part IXA, no person shall practise as an advocate and solicitor or do any act as an advocate and solicitor unless —
(a)
his name is on the roll; and
(b)
he has in force a practising certificate.
[19/2008]
(2)  For the purposes of this Act, a person is an unauthorised person if —
(a)
his name is not on the roll;
(b)
he does not have in force a practising certificate; or
(c)
being an advocate and solicitor who practises in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice, he practises Singapore law otherwise than in accordance with Part IXA and any rules made under section 130W.
[19/2008]
(3)  A Judge may, if he thinks fit, on the application of any advocate and solicitor in active practice in a Singapore law practice, allow a qualified person who has served not less than 3 months of his practice training period, and who is serving his practice training period under a practice training contract with that Singapore law practice at the time the application is made, to appear, on behalf of that Singapore law practice, before —
(a)
a Judge or the Registrar; or
(b)
a District Judge, a Magistrate, or the Registrar or a Deputy Registrar of the Subordinate Courts.
(4)  A qualified person in respect of whom an application under subsection (3) has been granted shall be entitled to appear in accordance with that subsection at any time during the period —
(a)
beginning at the time that application is granted; and
(b)
ending on the earlier of —
(i)
the time that qualified person is admitted as an advocate and solicitor of the Supreme Court; or
(ii)
the expiration of 3 months after the last day of that qualified person’s practice training period.
Unauthorised person acting as advocate or solicitor
33.
—(1)  Any unauthorised person who —
(a)
acts as an advocate or a solicitor or an agent for any party to proceedings, or, as such advocate, solicitor or agent —
(i)
sues out any writ, summons or process;
(ii)
commences, carries on, solicits or defends any action, suit or other proceeding in the name of any other person, or in his own name, in any of the courts in Singapore; or
(iii)
draws or prepares any document or instrument relating to any proceeding in the courts in Singapore; or
(b)
wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorised to act as an advocate or a solicitor, or that he is recognised by law as so qualified or authorised,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
[20/2007; 19/2008]
(2)  Without prejudice to the generality of subsection (1), any unauthorised person who, directly or indirectly —
(a)
draws or prepares any document or instrument relating to any movable or immovable property or to any legal proceeding;
(b)
takes instructions for or draws or prepares any papers on which to found or oppose a grant of probate or letters of administration;
(c)
(d)
on behalf of a claimant or person alleging himself to have a claim to a legal right writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to a solicitor for legal proceedings; or
(e)
solicits the right to negotiate, or negotiates in any way for the settlement of, or settles, any claim arising out of personal injury or death founded upon a legal right or otherwise,
shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence.
(3)  Any unauthorised person who, for or in expectation of any fee, gain or reward, offers or agrees to place at the disposal of any other person the services of an advocate and solicitor shall be guilty of an offence.
[35/2001]
(4)  Subsection (3) shall not apply to any person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor pursuant to a lawful contract of indemnity or insurance.
(5)  Every person who is convicted of an offence under subsection (2) or (3) shall be liable for a first offence to a fine not exceeding $10,000 or in default of payment to imprisonment for a term not exceeding 3 months and for a second or subsequent offence to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both.
[20/2007]
(6)  Any act done by a body corporate which in the case of a person would be an offence under subsection (1), (2) or (3) or is of such a nature or is done in such a manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified to act as a solicitor, or has the capacity or powers of a law corporation or a limited liability law partnership when in fact the body corporate does not, shall be an offence and the body corporate shall be liable on conviction for a first offence to a fine not exceeding $25,000 and for a second or subsequent offence to a fine not exceeding $50,000.
[4/2000; 41/2005; 20/2007]
(7)  Where an act mentioned in subsection (6) is done by a director, an officer or an employee of the body corporate, the director, officer or employee shall (without prejudice to the liability of the body corporate) be liable to the punishments provided in subsection (5).
(7A)  Where an act mentioned in subsection (6) is done by a partner, an officer or an employee of a limited liability partnership, that partner, officer or employee shall (without prejudice to the liability of the limited liability partnership) be liable to the punishments provided in subsection (5).
[41/2005]
(8)  Where any firm does an act which in the case of a person would be an offence under subsection (1), (2) or (3), every member of the firm shall be deemed to have committed that offence unless he proves that he was unaware of the commission of the act.
(9)  Any person who does any act in relation to a contemplated or instituted proceeding in the Supreme Court which is an offence under this section shall also be guilty of a contempt of the court in which the proceeding is contemplated or instituted and may be punished accordingly irrespective of whether he is prosecuted for the offence or not.
(10)  In this section, “document” and “instrument” do not include —
(a)
a will or other testamentary document; or
(b)
a transfer of stock containing no limitation thereof.
Qualifications to section 33
34.
—(1)  Section 33 does not extend to —
(a)
the Attorney-General or the Solicitor-General or any other person acting under the authority of either of them;
(b)
the Public Trustee, the Official Assignee, Assistant Public Trustees and Assistant Official Assignees acting in the course of their duties under any law relating to those offices;
(c)
the Director of Legal Aid and Assistant Directors of Legal Aid acting in the course of their duties under the provisions of the Legal Aid and Advice Act (Cap. 160) or the International Child Abduction Act 2010;
(d)
any other public officer drawing or preparing instruments in the course of his duty;
(e)
any person acting personally for himself only in any matter or proceeding to which he is a party;
(ea)
any officer of a company or limited liability partnership who is duly authorised by the company or limited liability partnership to act on its behalf in any relevant matter or proceeding to which it is a party, in respect only of that officer acting on behalf of the company or limited liability partnership, in accordance with the Rules of Court, in that matter or proceeding;
(eb)
any officer of an unincorporated association (other than a partnership) who is duly authorised by the unincorporated association to act on its behalf in any relevant matter or proceeding to which it is a party, in respect only of that officer acting on behalf of the unincorporated association, in accordance with the Rules of Court, in that matter or proceeding;
(ec)
any legal counsel (by whatever name called) in an entity acting solely for the entity in any matter to which it is a party, other than by —
(i)
appearing or pleading in any court of justice in Singapore, except where such appearance or pleading is otherwise permitted under any written law;
(ii)
appearing in any hearing before a quasi-judicial or regulatory body, authority or tribunal in Singapore, except where such appearance is otherwise permitted under any written law; or
(iii)
attesting any document which is required to be attested by an advocate and solicitor;
(f)
any bona fide and full-time employee of an insurance company negotiating for the settlement of or settling a claim made or contemplated against any person or body corporate in cases where the claim, arising out of personal injury or death, relates to a risk insured by that insurance company;
(g)
[Deleted by Act 23 of 2004]
(h)
any full-time member of the academic staff of any department of the National University of Singapore or of any department of law in any other institution of higher learning in Singapore who is a qualified person rendering any opinion or acting in an advisory capacity on any matter in which he has been instructed by an advocate and solicitor;
(i)
any accountant drawing or preparing documents in the exercise of his profession;
(j)
any proceeding before the Industrial Arbitration Court or the Syariah Court;
(k)
any person merely employed to engross any instrument or proceeding;
(l)
any approved company auditor drawing or preparing any instrument which he is empowered to do under any law for the time being in force relating to companies; or
(m)
any agent duly authorised to the satisfaction of the Registrar of Trade Marks drawing or preparing documents in any matter relating to trade marks.
[35/2001; 23/2004]
(2)  The Minister may make rules for the exemption from section 33 of any person who, or any class of persons each of whom, satisfies such requirements, and does such act in such circumstances, as may be prescribed in those rules.
(3)  In this section —
“company” means a company incorporated under the Companies Act (Cap. 50);
“limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A);
“manager”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;
“officer”  —
(a)
in relation to a company, means any director or secretary of the company, or a person employed in an executive capacity by the company;
(b)
in relation to a limited liability partnership, means any partner in or manager of the limited liability partnership; or
(c)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association;
“partner”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;
“relevant matter or proceeding” means a matter or proceeding of such type as may be specified in the Rules of Court;
“Rules of Court” means Rules of Court made by the Rules Committee.
Sections 32 and 33 not to extend to arbitration proceedings
35.
—(1)  Sections 32 and 33 shall not extend to —
(a)
any arbitrator or umpire lawfully acting in any arbitration proceedings;
(b)
any person representing any party in arbitration proceedings; or
(c)
the giving of advice, preparation of documents and any other assistance in relation to or arising out of arbitration proceedings except for the right of audience in court proceedings.
[23/2004]
(2)  In this section, “arbitration proceedings” means proceedings in an arbitration which —
(b)
would have been governed by either the Arbitration Act or the International Arbitration Act had the place of arbitration been Singapore.
[23/2004]
Order to repay upon conviction under section 33
35A.
—(1)  A court may, on the application of the Public Prosecutor, order any unauthorised person convicted of an offence under section 33(1), (2) or (3) or against whom a court has taken into consideration such an offence in sentencing him —
(a)
to repay any fee, gain or reward received in respect of any such offence to the person who made the payment; or
(b)
to pay any fee, gain or reward referred to in paragraph (a) to the Society for the benefit of the person who made the payment.
[20/2007]
(2)  The Society shall hold and pay out any moneys received pursuant to an order made under subsection (1)(b) in the manner prescribed under subsection (5).
[20/2007]
(3)  In any proceedings under subsection (1), a certificate purporting to be issued by the Public Prosecutor certifying the amount of any fee, gain or reward referred to in subsection (1)(a) paid by a person to an unauthorised person shall be prima facie evidence of the amount that the unauthorised person is liable to repay under subsection (1)(a) as at the date of the certificate.
[20/2007]
(4)  An amount ordered to be paid under subsection (1) shall carry interest as from the date of the order and at the same rate as a judgment debt.
[20/2007]
(5)  The Council may, with the approval of the Chief Justice, make rules for the purposes of subsection (2).
[20/2007]
(6)  In this section, “fee, gain or reward” does not include disbursements.
[20/2007]
No costs recoverable by unauthorised person
36.
—(1)  No costs in respect of anything done by an unauthorised person as an advocate or a solicitor or in respect of any act which is an offence under section 33 shall be recoverable in any action, suit or matter by any person whomsoever.
(2)  Any payment to an unauthorised person for anything done by that unauthorised person which is an offence under section 33 may be recovered by the person who paid the money in a court of competent jurisdiction.
(3)  Subsection (2) shall not entitle any person (referred to in this subsection as the claimant) to recover from an unauthorised person any payment that has been repaid to the claimant or paid to the Society for the benefit of the claimant under section 35A(1).
[20/2007]
PART V
THE LAW SOCIETY OF SINGAPORE
Division 1 — Establishment, purposes and powers of Society
Establishment of Society
37.
—(1)  There is hereby established a body to be called the Law Society of Singapore.
(2)  The Society shall be a body corporate with perpetual succession and a common seal, and with powers subject to the provisions of this Act —
(a)
to sue and be sued in its corporate name;
(b)
to acquire and dispose of property, both movable and immovable; and
(c)
to do and to perform such other acts as bodies corporate may by law perform.
Purposes and powers of Society
38.
—(1)  The purposes of the Society shall be —
(a)
to maintain and improve the standards of conduct and learning of the legal profession in Singapore;
(b)
to facilitate the acquisition of legal knowledge by members of the legal profession and others;
(c)
to assist the Government and the courts in all matters affecting legislation submitted to it, and the administration and practice of the law in Singapore;
(d)
to represent, protect and assist members of the legal profession in Singapore and to promote in any manner the Society thinks fit the interests of the legal profession in Singapore;
(e)
to establish a library and to acquire or rent premises to house the library, offices of the Society or amenities for the use of members;
(f)
to protect and assist the public in Singapore in all matters touching or ancillary or incidental to the law;
(g)
to make provision for or assist in the promotion of a scheme whereby impecunious persons on non-capital charges are represented by advocates;
(h)
to grant prizes and scholarships and to establish and subsidise lectureships in educational institutions in subjects of study relating to law;
(i)
to grant pecuniary or other assistance to any association, institute, board or society in Singapore in the interests of the profession of law or of students for that profession;
(j)
to afford pecuniary and other assistance to members or former members and to the wives, widows, children and other dependants, whether of members, former members or deceased members who are in need of any such assistance;
(k)
to promote good relations and social intercourse among members and between members and other persons concerned in the administration of law and justice in Singapore; and
(l)
to establish and maintain good relations with professional bodies of the legal profession in other countries and to participate in the activities of any international association and become a member thereof.
[30/86]
(2)  In addition to the powers given by the other provisions of this Act, the Society may —
(a)
purchase or lease any land or building required for any of the purposes of the Society;
(b)
sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous;
(c)
borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Society as the Society may from time to time consider desirable;
(d)
exercise such powers or functions as may be conferred upon the Society by this Act or any other written law; and
(e)
do all such other things as are incidental or conducive to the achievement or betterment of the purposes of the Society.
[4/2000]
(3)  In addition to rules that may be made by the Society under the other provisions of this Act, the Society may, subject to the provisions of this Act, make rules for giving effect to this Part.
Division 2 — Members of Society and subscriptions
Membership
39.  The membership of the Society shall consist of the following:
(a)
all advocates and solicitors who are members of the Society by reason of section 40;
(b)
all persons admitted to membership of the Society under section 41;
(c)
all persons elected as honorary members under section 42; and
(d)
all persons who are members of the Society by reason of section 40A.
[20/2007]
Practising solicitors to be members
40.
—(1)  Every advocate and solicitor who has in force a practising certificate shall without election, admission or appointment become a member of the Society and remain a member under this section so long and only so long as he has in force a practising certificate.
(2)  Every advocate and solicitor who has in force a practising certificate on the last day of March in any year shall be deemed to continue to be a member until the last day of April in that year.
(3)  Every advocate and solicitor who is a member of the Society under subsection (1) shall be referred to in this Act as a practitioner member.
Foreign practitioner members
40A.
—(1)  Every foreign lawyer who is —
(a)
registered by the Attorney-General under section 130I; or
(b)
granted the approval of the Attorney-General under section 130L(1),
shall, without election, admission or appointment, become a member of the Society and remain a member under this section so long and only so long as his registration or approval, as the case may be, continues in force.
(2)  Every foreign lawyer who is a member of the Society under subsection (1) shall be referred to in this Act as a foreign practitioner member.
[20/2007]
Non-practitioner members
41.
—(1)  Subject to subsections (3) and (4), any of the following persons who applies for membership of the Society in the prescribed manner shall be admitted as a member of the Society:
(a)
any advocate and solicitor who does not have in force a practising certificate;
(b)
any foreign lawyer registered by the Attorney-General under Part IXA who is not a foreign practitioner member; and
(c)
any qualified person (not being an advocate and solicitor) who is ordinarily resident in Singapore.
[35/2001; 19/2008]
(1A)  Subject to subsection (5), any of the following persons (not being an advocate and solicitor, a foreign lawyer referred to in section 40A(1) or subsection (1), or a qualified person referred to in subsection (1)) may be admitted as a member of the Society on his application in the prescribed manner to the Society:
(a)
any member of the academic staff —
(i)
of the Faculty of Law of the National University of Singapore;
(ii)
of the School of Law of the Singapore Management University; or
(iii)
of any department in any institution of higher learning in Singapore who teaches law in that department;
(b)
any person resident in Singapore who is recognised, by a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore, to be eligible to practise law in that state or territory;
(c)
any person resident in Singapore who is attending a course of study leading to a qualification prescribed under section 2(2).
[19/2008]
(2)  Every person who is a member of the Society under subsection (1) or (1A) shall be referred to in this Act as a non-practitioner member.
[19/2008]
(3)  Subsection (1) shall not apply to —
(a)
an advocate and solicitor —
(i)
who has been struck off the roll, or whose name has been removed from the roll under section 100; and
(ii)
whose name has not been replaced on the roll under section 102;
(b)
an advocate and solicitor who has been suspended from practice, for so long as the suspension remains in force;
(c)
a foreign lawyer whose registration under Part IXA has been cancelled, and who has not been re-registered by the Attorney-General under that Part;
(d)
a foreign lawyer whose registration under Part IXA has been suspended, for so long as the suspension remains in force; or
(e)
a qualified person who has been prohibited under section 83(3) from applying to the court for admission, for so long as the prohibition remains in force.
[19/2008]
(4)  A person admitted as a member of the Society under subsection (1) shall cease to be a member if —
(a)
being an advocate and solicitor referred to in subsection (1)(a) —
(i)
he is struck off the roll or suspended from practice; or
(ii)
his name is removed from the roll under section 100;
(b)
being a foreign lawyer referred to in subsection (1)(b), his registration under Part IXA is cancelled or suspended; or
(c)
being a qualified person referred to in subsection (1)(c), he is prohibited under section 83(3) from applying to the court for admission.
[19/2008]
(5)  A person admitted as a member of the Society under subsection (1A)(c) shall cease to be a member when he becomes a qualified person.
[19/2008]
Honorary members
42.  The Council may elect as honorary members of the Society such persons as it may think fit, either for life or for such period as the Council may in any case consider appropriate.
Privileges of membership
43.
—(1)  Subject to this section and section 44, all members shall have the same rights and privileges.
(2)  Only practitioner members shall be eligible to attend and vote at any general meeting but only those practitioner members who are citizens of Singapore shall be elected to the Council.
(3)  Practitioner members may by a resolution exclude from a general meeting of the Society or any part thereof all other members.
Expulsion and suspension of rights and privileges
44.
—(1)  Subject to subsection (2), any member of the Society, other than an honorary member, may in the prescribed manner, and upon such grounds, after being given a reasonable opportunity to answer all allegations made against him —
(a)
be expelled from membership; or
(b)
be deprived of any one or more rights and privileges of membership.
(2)  A practitioner member shall not be expelled from membership so long as he has in force a practising certificate.
(3)  A foreign practitioner member shall not be expelled from membership so long as his registration referred to in section 40A(1)(a) or (b) or his approval referred to in section 40A(1)(c) continues in force.
[20/2007]
Termination of membership
45.  Any member of the Society, other than an honorary member, who ceases to be qualified for membership shall thereupon cease to be a member.
Annual subscription to Society
46.
—(1)  The amount of the annual subscription payable by members of the Society shall, subject to subsection (4), be fixed from time to time by the Council.
[20/2007]
(1A)  The subscription shall be payable to the Society by every solicitor in each year prior to his application for a practising certificate.
[20/2007]
(1B)  The subscription shall be payable to the Society by a foreign practitioner member —
(a)
if he is registered under section 130I, in each year not later than14 days after the date of issue of his foreign practitioner certificate by the Attorney-General; or
(b)
if he has been granted an approval referred to in section 130L(1), but is not registered under section 130I —
(i)
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
(ii)
not later than the anniversary of that date of issue in each subsequent year.
(1C)  [Deleted by Act 8/2011 wef 03/05/2011]
(1D)  [Deleted by Act 8/2011 wef 03/05/2011]
(2)  Subject to this section, in fixing the amount of the subscription, the Council shall be at liberty to divide members into classes, and to provide that different amounts shall be paid by different classes and for different periods and generally to regulate, and to vary from time to time, the subscriptions payable by members or by different classes of members, as the Council may think fit.
[20/2007]
(3)  The subscriptions payable by members admitted to membership under section 41 shall at no time exceed the lowest subscription payable by practitioner members for the corresponding period.
(3A)  The subscriptions payable by foreign practitioner members who are members of the Society by reason of section 40A shall at no time exceed the highest subscription payable by practitioner members for the corresponding period.
[20/2007]
(4)  The Council may from time to time fix levies payable by practitioner members and foreign practitioner members for any of the purposes of the Society.
[20/2007]
(5)  The total of the annual subscription payable under subsection (1), the levies payable under subsection (4) and the annual contribution payable under section 75 shall not in any calendar year exceed $500 per practitioner member without the approval of a general meeting of the Society.
[17/84; 20/2007]
(6)  Within one week of the end of each month, the Society shall, out of each annual subscription received by the Society during that month, pay to the Institute —
(a)
in the case of a subscription paid by a practitioner member of not less than 5 years’ standing, a sum of $120;
(b)
in the case of a subscription paid by a practitioner member of less than 5 years’ standing, a sum of $60; and
(c)
in the case of a subscription paid by a foreign practitioner member, a sum of $50.
[17/84; 20/2007]
[8/2011 wef 03/05/2011]
(7)  [Deleted by Act 8/2011 wef 03/05/2011]
Division 3 — Council of Society
Council
47.
—(1)  For the proper management of the affairs of the Society and for the proper performance of its functions under this Act, there shall be a Council.
(2)  The Council shall consist of statutory members and elected members as provided in sections 48 and 49.
Statutory members
48.
—(1)  The following persons shall be statutory members of the Council each time it is constituted:
(a)
the immediate past President of the Society;
(b)
not more than 3 advocates and solicitors appointed by the Minister to sit on the Council; and
(c)
not more than 3 advocates and solicitors appointed by the Council to sit on the Council as soon as practicable after it is constituted.
[35/2001]
(2)  Every member of the Council appointed by the Minister under subsection (1)(b) or by the Council under subsection (1)(c) shall hold office for a term of 2 years and may, from time to time, be re-appointed.
[35/2001]
Elected members
49.
—(1)  There shall be 15 elected members of the Council consisting of —
(a)
6 practitioner members, each of whom shall be an advocate and solicitor of not less than 12 years’ standing on the day of his nomination for election to the Council;
(b)
5 practitioner members, each of whom shall be an advocate and solicitor of under 12 years’ but not less than 7 years’ standing on the day of his nomination for election to the Council; and
(c)
4 practitioner members, each of whom shall be an advocate and solicitor of under 7 years’ standing on the day of his nomination for election to the Council.
[30/86]
(2)  Subject to the provisions of this Act, every elected member of the Council shall hold office as a member of the Council for 2 years.
(3)  Subject to subsection (4), a practitioner member who has been struck off the roll or suspended from practising as an advocate and solicitor for a period of 6 months or more or has been convicted of an offence involving fraud or dishonesty shall not be eligible for election or appointment as a member of the Council.
[30/86]
(4)  A practitioner member may, after a period of 5 years following the date of his conviction or the date he was reinstated to the roll or the date of the expiry of his suspension, whichever is the later, with the leave of a court of 3 Judges of the Supreme Court, one of whom shall be the Chief Justice, be eligible for election or appointment as a member of the Council.
[30/86; 41/93]
(5)  Where an application for leave under subsection (4) has been refused, the applicant shall not be entitled to make another application under that subsection within a period of 5 years from the date the first-mentioned application was dismissed.
[30/86]
(6)  An application for leave under subsection (4) shall be made by originating summons.
[30/86; 42/2005]
(7)  The court of 3 Judges shall not give leave under subsection (4) unless —
(a)
notice of intention to apply therefor and all documents in support thereof have been served at least 14 clear days before the date of the hearing on the Attorney-General and on the Society, either or both of whom may be represented at the hearing of, and may oppose, the application;
(b)
the applicant satisfies the court that his conduct since his conviction, striking-out or suspension did not make him unfit to be a member of the Council; and
(c)
the applicant exhibits affidavits of at least 2 practitioner members who are and have been in active practice in Singapore for a total of not less than 5 out of the 7 years immediately preceding the date of the application attesting to the applicant’s good behaviour from the date of his conviction, striking-out or suspension and stating whether in their opinion he is a fit and proper person to be a member of the Council.
[30/86]
(8)  A practitioner member shall, before his election or appointment as a member of the Council, file a declaration with the Society stating that he is not disqualified from holding office as a member of the Council by virtue of subsection (3) or, if he is so disqualified, stating that he has obtained the leave of the court under subsection (4) for election or appointment as a member of the Council.
[30/86]
(9)  Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[30/86]
(10)  Whenever it is necessary for any reason whatsoever to elect all the elected members of the Council at an annual election —
(a)
3 members specified in subsection (1)(a);
(b)
2 members specified in subsection (1)(b); and
(c)
2 members specified in subsection (1)(c),
chosen by lot at the first meeting of the Council after such election shall hold office for only one year.
(11)  Every elected member of the Council shall be eligible for re-election if he is qualified to be a candidate.
Division 4 — Election of members of Council
Compulsory voting
50.
—(1)  Every advocate and solicitor who has in force a practising certificate on the date of nomination as provided in section 51 shall vote for the election of the members of the Council as follows:
(a)
if he is an advocate and solicitor of not less than 12 years’ standing, he shall vote for the election of the members of the Council under section 49(1)(a);
(b)
if he is an advocate and solicitor of under 12 years’ but not less than 7 years’ standing, he shall vote for the election of the members of the Council under section 49(1)(b); and
(c)
if he is an advocate and solicitor of under 7 years’ standing, he shall vote for the election of the members of the Council under section 49(1)(c).
(2)  Every advocate and solicitor who is required to vote for the election of the members of the Council in accordance with subsection (1) and who fails to do so shall not be entitled to apply for a practising certificate unless he —
(a)
satisfies the Registrar that he was not in Singapore at the time of the election or had a good and sufficient reason for not voting at the last election to the Council; or
(b)
pays a penalty of $500 which shall be credited to the Compensation Fund established under section 75.
[35/2001]
Elections
51.
—(1)  The Council shall, in the month of September every year, fix and publish before the end of that month —
(a)
the date of nomination which shall be in the second week of the month of October that year;
(b)
the date of election which shall be in the last week of the month of October that year;
(c)
a convenient place in the Supreme Court building or elsewhere where the ballot shall take place; and
(d)
the names of 3 scrutineers.
[17/84]
(2)  The annual election of the members of the Council shall take place within 21 days after the annual general meeting and shall, subject to section 53, be conducted in such manner as may be prescribed by rules made under section 59 on the date and place fixed by the Council in accordance with subsection (1).
[35/2001]
(3)  If for any reason whatsoever it is necessary to elect all the elected members of the Council, the Council shall fix and publish —
(a)
the date of nomination which shall be not less than 7 days or more than 15 days from the date of the notice notifying members of the election;
(b)
the date of the election which shall be not less than 10 days or more than 15 days from the date of nomination;
(c)
a convenient place in the Supreme Court building or elsewhere where the ballot shall take place; and
(d)
the names of 3 scrutineers.
(4)  The election under subsection (3) shall, subject to section 53, be conducted in such manner as may be prescribed by rules made under section 59 on the date and place fixed by the Council in accordance with that subsection.
[35/2001]
(5)  Any accidental failure on the part of the Council to comply with this section or any rules made with respect to elections to the Council shall not invalidate an election.
Nominations
52.  Every nomination of a candidate for election —
(a)
shall be of a person qualified to be a candidate under section 49;
(b)
shall be in writing signed by not less than 2 persons qualified in a like manner under section 49 as the candidate nominated; and
(c)
shall name only one candidate and his consent shall be endorsed thereon.
Insufficient nominations
53.
—(1)  If only so many candidates are nominated for election to the Council as are required to be elected, those candidates shall be deemed to be elected; if fewer, the candidates nominated shall be deemed to have been elected and they together with the statutory members of the Council and the continuing elected members of the Council, if any, shall appoint further members to complete the required number to satisfy the requirements of section 49(1).
(2)  If, at any election to be held under section 51(3), no nominations are made for the election of members of the Council, the Chief Justice shall, after consulting the statutory members of the Council, if any, appoint to be members of the Council a sufficient number of persons who satisfy the requirements as to standing set out in section 49(1).
(3)  Members of the Council appointed under subsections (1) and (2) shall for all purposes of this Act be deemed to be elected members.
Council’s term of office
54.
—(1)  Every Council of the Society constituted after an annual election shall take office on 1st January after that election and shall hold office until 31st December in that year or, if such is the case, until a Council takes office under subsection (2).
(2)  Every Council constituted after an election under section 51(3) or after appointments made under section 53(2) shall take office from the day on which the members of that Council were elected or appointed, as the case may be, and shall hold office until 31st December next following.
Casual vacancies
55.
—(1)  Any casual vacancy arising among the elected members of the Council shall be filled with all convenient speed by the Council by the appointment of a person qualified under section 49 as may be necessary, and any such new member shall hold office for so long as the member in whose place he is appointed would have held office.
(2)  The continuing members of the Council may act provided there is a quorum notwithstanding any vacancy in the Council.
(3)  No act done by or by the authority of the Council shall be invalid in consequence of any defect that is afterwards discovered in the election or qualification of the members or any of them.
Division 5 — Officers of Council
President, Vice-Presidents and Treasurer
56.
—(1)  There shall be a President, 2 Vice-Presidents and a Treasurer of the Society who shall be elected by —
(a)
members and members-elect of the Council taking office in either case on 1st January after an annual election under section 54(1) from amongst those members at a meeting of the Council before that date; or
(b)
members of the Council taking office under section 54(2) from amongst those members at the first meeting of the Council.
[40/96]
(2)  If any casual vacancy arises in respect of the office of the President, a Vice-President or the Treasurer of the Society, the Council shall, at its next meeting or as soon as possible thereafter, elect one of its members to fill the vacancy.
[40/96]
(3)  The President of the Society or in his absence a Vice-President of the Society nominated by the President shall be the chairman of the Council and shall preside at all meetings of the Council and of the Society.
[40/96]
(4)  In the absence of the President and the Vice-Presidents of the Society, the Council or the Society, as the case may be, shall elect a chairman from among the respective members.
[40/96]
Vacation of office of member of Council
57.
—(1)  A statutory member of the Council shall vacate his office if —
(a)
he has been struck off the roll or suspended from practising as an advocate and solicitor or has been convicted of an offence involving fraud or dishonesty;
(b)
he becomes mentally disordered and incapable of managing himself or his affairs;
(c)
he is an undischarged bankrupt;
(d)
he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or
(e)
he has one or more outstanding judgments against him amounting in the aggregate to $100,000 or more which he has been unable to satisfy within 6 months from the date of the earliest judgment.
[30/86; 15/95]
(2)  An elected member shall vacate his office in any of the circumstances specified in subsection (1) and shall also vacate his office if —
(a)
being elected under section 49(1), he ceases for any reason to have in force a practising certificate;
(b)
he resigns his seat on the Council; or
(c)
he is absent from 3 consecutive meetings of the Council without its consent.
(3)  For the purposes of subsection (2), a person appointed under section 53(1) and (2) or 55(1) shall be deemed to have been elected under section 49(1).
[30/86]
(4)  Subsections (1) and (2) shall not apply to a member of the Council who has obtained the leave of the court under section 49(4) prior to his election or appointment as a member of the Council.
[30/86]
Division 6 — Powers of Council
General powers of Council
58.
—(1)  The management of the Society and of its funds shall be vested in the Council.
(2)  All such powers, acts or things as are not by this Act expressly authorised, directed or required to be exercised or done by the Society in a general meeting may, subject to the provisions of this Act or any resolution passed from time to time by the Society in the general meeting, be exercised or done by the Council.
(3)  No resolution of the Society passed under subsection (2) shall invalidate the previous exercise of any power or the previous doing of any act or thing by the Council which would have been valid if the resolution had not been passed.
Specific powers of Council
59.
—(1)  Without prejudice to the general powers conferred by section 58 or the specific powers to make rules conferred by any other provision of this Act, the Council shall have power —
(a)
to make rules to provide for all matters not expressly reserved to the Society in general meeting whether they are expressed among its powers or not;
(b)
to answer questions affecting the practice and etiquette of the profession and the conduct of members thereof;
(c)
to take cognizance of anything affecting the Society or the professional conduct of its members and to bring before any general meeting of the Society any matter which it considers material to the Society or to the interests of the profession and make any recommendations and take such action as it thinks fit in relation thereto;
(d)
to examine and if it thinks fit to report upon current or proposed legislation submitted to it and any other legal matters;
(e)
to represent members of the Society or any section thereof in any matter which may be necessary or expedient;
(f)
to found prizes and scholarships for students of law and to lay down the conditions for their award as it thinks fit;
(g)
to appoint in its discretion such officers, clerks, agents and servants for permanent, temporary or special services as it may from time to time think fit and to determine their duties and terms of service;
(h)
to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Society;
(i)
to communicate from time to time with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to prove beneficial or of interest to members;
(j)
to institute, conduct, defend, compound or abandon any legal proceedings by and against the Society or its officers or otherwise concerning the affairs of the Society and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Society;
(k)
to refer any claims or demands by or against the Society to arbitration and to observe and perform every award made as a result of the arbitration and to nominate arbitrators if so requested;
(l)
to make and give receipts, releases and other discharges for moneys payable to and for claims and demands of the Society;
(m)
to invest the moneys of the Society in such manner as it thinks fit and engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment;
(n)
to form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Society;
(o)
from time to time to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Society or without any such security and upon such terms as to priority or otherwise as the Council thinks fit; and
(p)
to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Society in general meeting.
[30/86; 40/96; 45/2004]
(2)  Rules made by the Council under this section shall not come into operation until they have been approved by the Chief Justice.
Appointment of committees of Council
60.
—(1)  The Council may appoint one or more committees for any such general or special purpose as in the opinion of the Council may be better regulated or managed by means of a committee.
(2)  The Council may delegate to any committee so appointed, with or without restrictions or conditions, as it thinks fit, the exercise of any functions exercisable by the Council.
(3)  The number and term of office of the members of a committee appointed under this section, and the number of those members necessary to form a quorum, shall be fixed by the Council.
(4)  A committee appointed under this section may include persons who are not members of the Council.
(5)  If the Council delegates to a committee appointed under this section any of the functions exercisable by the Council, at least half the members of that committee (including the chairman thereof) shall be members of the Council.
Power of Council to inspect files of proceedings in bankruptcy of solicitor or winding up of law corporation or limited liability law partnership
61.  The Council shall be entitled —
(a)
without payment of any fee, to inspect —
(i)
the file of proceedings in bankruptcy relating to any solicitor against whom proceedings in bankruptcy have been taken; or
(ii)
the file of winding up proceedings against a law corporation or a limited liability law partnership; and
(b)
to be supplied with office or certified copies of the proceedings on payment of the usual charge for those copies.
[4/2000; 41/2005]
Power of Council to accept gifts, etc.
62.
—(1)  The Council may on behalf of the Society accept, by way of grant, gift, testamentary disposition or otherwise, property or moneys in aid of the finances or purposes of the Society on such conditions as it may determine.
(2)  Registers shall be kept of all donations to the Society including the names of donors and any special conditions on which any donation may have been given.
(3)  All property, moneys or funds donated to the Society for any specific purpose shall, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they may have been donated and shall be separately accounted for.
Representation in court
63.  The Society may be represented or appear in any court by any advocate and solicitor whether he is a member of the Council or not.
Division 7 — Proceedings of Council
Meetings of Council
64.
—(1)  Meetings of the Council may be held —
(a)
at such times and in such manner as the Council may determine; and
(b)
as often as may be necessary.
[19/2008]
(1A)  A member of the Council may participate in a meeting of the Council through such means of communication (such as over the telephone or through a live audio, live video or live television link) as the Council may determine.
[19/2008]
(1B)  A member of the Council who participates in a meeting of the Council in accordance with subsection (1A) shall be deemed to be present at the meeting.
[19/2008]
(2)  Five members present at any meeting of the Council shall constitute a quorum for the transaction of any business.
[19/2008]
(3)  A decision of the majority of the members of the Council present and voting at any meeting of the Council shall be deemed to be a decision of the Council.
(4)  The chairman or the person lawfully acting as chairman at any meeting of the Council shall have an original as well as a casting vote.
(5)  Subject to any rules of the Society, the Council may regulate its own procedure and in particular the holding of meetings, the notice to be given of meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of those minutes.
Passing of resolution of Council by written means
64A.
—(1)  Notwithstanding section 64, the Council may pass any resolution of the Council by written means.
[19/2008]
(2)  A resolution of the Council is passed by written means if it has been formally agreed, in such manner as the Council may determine, on any date by a majority of the members of the Council.
[19/2008]
(3)  Any reference in this Act or any other law to a decision of the Council includes a reference to a resolution of the Council passed by written means.
[19/2008]
(4)  Any reference in this Act or any other law to the doing of anything by the Council includes a reference to the passing of a resolution of the Council by written means which authorises the doing of that thing.
[19/2008]
Expenses of members
65.  No fees shall be paid to any member of the Council but a member may be reimbursed from the funds of the Society for out-of-pocket and travelling expenses incurred by him in relation to the affairs of the Society.
Proceedings of Council, Review Committee and Inquiry Committee to be confidential
66.
—(1)  Except insofar as may be necessary for the purpose of giving effect to any resolutions or decisions of the Council and any Review Committee or Inquiry Committee, confidentiality shall be maintained in all proceedings conducted by the Council, its staff and the Review Committee or Inquiry Committee.
[15/89; 19/2008]
(2)  Notwithstanding subsection (1), the Chief Justice or the Attorney-General may require the Council to disclose to him any matter or information relating to any complaint of misconduct or disciplinary action against any advocate and solicitor.
[41/93]
Division 8 — General meetings of Society
Annual general meeting
67.
—(1)  The Council shall each year convene an annual general meeting which shall be held in the month of October of that year.
(2)  At least 10 days’ prior notice of the annual general meeting shall be given to all members of the Society.
[41/93]
(3)  Notwithstanding section 54, every Council that ceases to hold office on 31st December in each year shall cause to be prepared and presented to the annual general meeting —
(a)
a report on the activities of the Society; and
(b)
proper accounts, duly audited, of all funds, property and assets of the Society,
for the year terminating on 31st December immediately preceding that general meeting.
Extraordinary general meeting
68.
—(1)  The Council may convene a general meeting of the Society other than the annual general meeting at such time or times as the Council thinks expedient or necessary.
(2)  Any 25 members of the Society may at any time requisition a general meeting by written notice in that behalf signed by them and deposited with the President or a Vice-President of the Society and the Council shall convene a general meeting to be held within 30 days of the deposit.
(3)  Such written notice shall specify the object or objects of the proposed meeting.
(4)  If the Council fails to convene a general meeting in accordance with the requisition 14 days after such deposit, to be held within 30 days after the deposit, the requisitioning members may convene that general meeting within 2 months after the deposit.
Voting
69.  At every general meeting, every practitioner member present shall have one vote, and the chairman of that meeting shall also have a casting vote.
Convening and procedure
70.
—(1)  The manner of convening general meetings of the Society and the procedure thereat shall, subject to the provisions of this Act, be regulated by by-laws made by the Society.
(2)  The by-laws made under this section shall not provide for a quorum at a general meeting other than the annual general meeting of less than 50 practitioner members personally present.
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)  Any rules made under this section 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)  Any rules made under this section shall —
(a)
subject to section 130W, apply only to Singapore law practices and solicitors practising therein; and
(b)
be subject to any rules made under section 73D of the Conveyancing and Law of Property Act (Cap. 61).
(3)  Any 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.
(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)
a foreign lawyer registered by the Attorney-General under section 130I, in respect of the foreign lawyer’s practice of Singapore law; and
(b)
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.
(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 130I; or
(b)
granted the approval of the Attorney-General under section 130L(1),
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 130I, in each year not later than14 days after the date of issue of his foreign practitioner certificate by the Attorney-General; or
(b)
if he has been granted an approval referred to in section 130L(1), but is not registered under section 130I —
(i)
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
(ii)
not later than the anniversary of that date of issue in each subsequent year.
(3C)  [Deleted by Act 8/2011 wef 03/05/2011]
(3D)  [Deleted by Act 8/2011 wef 03/05/2011]
(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]
(2A)  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 foreign lawyer registered by the Attorney-General under section 130I, on or after the date of commencement of section 15 of the Legal Profession (Amendment)Act 2011, of services which —
(a)
are rendered in connection with his practice of Singapore law; and
(b)
are not of the quality which it is reasonable to expect of him.
(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 subsections (2) and (2A).
[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 relevant 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)  [Deleted by Act 20/2009 wef 09/10/2009]
Qualification to use title of consultant
75D.
—(1)  Subject to subsection (1A), 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 relevant 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]
(1A)  Where any person who is both a solicitor and a foreign lawyer is qualified under any rules made under section 130W to take or use the title of consultant in relation to his capacity as a foreign lawyer, nothing in subsection (1) shall affect his qualification to use that title in relation to that capacity.
(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;
(e)
listed as a tout under section 62 of the Subordinate Courts Act (Cap. 321) or section 73 of the Supreme Court of Judicature Act (Cap. 322); or
(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.
PART VIA
LAW CORPORATIONS
Interpretation of this Part
81A.  In this Part, unless the context otherwise requires —
“company” has the same meaning as in the Companies Act (Cap. 50);
“law firm” means a solicitor practising on his own account or a partnership whose members are solicitors but does not include a limited liability law partnership;
“legal services” means the legal services which a solicitor can lawfully perform under this Act;
“solicitor” means an advocate and solicitor who has in force a practising certificate.
[4/2000; 41/2005]
Approval for law corporations
81B.
—(1)  A solicitor who wishes to have a company or a proposed company approved as a law corporation shall apply to the Council for approval —
(a)
of the company as a law corporation; and
(b)
of the name or proposed name of the law corporation.
[4/2000]
(2)  An application under subsection (1) shall be made in accordance with rules made under section 81N.
[4/2000]
(3)  Subject to the provisions of this Part, the Council may, on receiving an application in respect of a company or a proposed company under this section, approve the company or proposed company as a law corporation if —
(a)
the memorandum of association of the company or proposed company provides that the primary object of the company or proposed company is to supply legal services and such other class of services as may be prescribed; and
(b)
the articles of association of the company or proposed company provide for such matters as may be prescribed.
[4/2000]
(4)  If the Council gives approval for a proposed company to be a law corporation, the approval shall not take effect until the company is registered and incorporated under the Companies Act (Cap. 50).
[4/2000]
Name of law corporation
81C.
—(1)  The Council shall not approve the name or proposed name of a law corporation which in its opinion —
(a)
is misleading or detracts from the dignity of an honourable profession;
(b)
is so similar to that of an existing law corporation, limited liability law partnership, law firm or group practice as to be likely to be confused with it; or
(c)
is inconsistent with any of the provisions of any rules on publicity made under section 71(1).
[4/2000; 41/2005]
(2)  Notwithstanding section 27 of the Companies Act, a law corporation which is a limited company need not have the word “Limited” or “Berhad” as part of its name and a law corporation which is a private company need not have the word “Private” or “Sendirian” as part of its name.
[4/2000]
(3)  Every law corporation shall have either the words “Law Corporation” or the acronym “LLC” as part of its name and no person, firm or group practice other than an approved law corporation shall have such words as part of its name.
[4/2000]
(4)  The directors of a law corporation shall ensure that every invoice or official correspondence of the law corporation bears the statement that it is incorporated with limited liability.
[4/2000]
(5)  No name of a law corporation may be changed without the prior approval in writing of the Council.
[4/2000]
(6)  Notwithstanding anything in this section or section 27 of the Companies Act (Cap. 50), where the Council is satisfied that the name of a law corporation has been approved (whether through inadvertence or otherwise and whether originally or by change of name) in contravention of subsection (1), the Council may direct the law corporation to change its name and the law corporation shall comply with that direction within 6 weeks from the date of the direction or such longer period as the Council may allow.
[4/2000]
Effect of company becoming law corporation
81D.
—(1)  A law corporation is authorised to do anything that a solicitor can do by law and is required to do all that a solicitor is required to do by law.
[4/2000]
(2)  Subsection (1) shall not apply to the doing of anything that can only be done by a solicitor as a natural person.
[4/2000]
(3)  A solicitor who provides legal services as a director or an employee of a law corporation shall be subject to the same standards of professional conduct and competence in respect of such services as if he were personally providing the legal services as a solicitor in a law firm.
[4/2000]
(4)  The mere fact that a solicitor personally provides legal services as a director or an employee of a law corporation shall not affect the personal liability of that solicitor at law.
[4/2000]
Relationship between client and law corporation
81E.
—(1)  A law corporation shall have the same rights and shall be subject to the same fiduciary, confidential and ethical requirements with respect to each client of the law corporation that exist at law with respect to a solicitor and his client.
[4/2000]
(2)  Solicitor-client privilege exists between a law corporation and a client of the corporation in the same way as it exists between a solicitor and his client and extends to every solicitor who is an officer or employee of the corporation.
[4/2000]
(3)  Sections 128 to 131 of the Evidence Act (Cap. 97) on professional communications shall apply to a law corporation, its officers and its employees as it applies to a solicitor.
[4/2000]
Professional misconduct
81F.
—(1)  An act or omission of a solicitor may constitute unsatisfactory professional conduct or professional misconduct even though it is only done or occurs while the solicitor provides legal services through a law corporation.
[4/2000]
(2)  The directors of the law corporation who are solicitors shall be jointly liable to disciplinary proceedings under this Act if the business of the law corporation is conducted in a manner unbefitting an honourable profession and where such conduct cannot be attributed to the act or omission of a particular solicitor or solicitors whose identity is known.
[4/2000]
(3)  A director or an employee of a law corporation who is a solicitor (whether or not he has in force a practising certificate) shall not —
(a)
hold shares in any other law corporation;
(b)
be a director or a consultant or an employee of any other law corporation;
(c)
be a partner or a consultant or an employee of any law firm or limited liability law partnership; or
(d)
practise as a solicitor on his own account.
[4/2000; 41/2005]
(4)  Subsection (3) shall not prevent a locum solicitor engaged by a law corporation from concurrently practising as a locum solicitor in another law corporation or any law firm or limited liability law partnership.
[23/2004; 41/2005]
Requirements as to alteration of memorandum or articles of association
81G.  The directors of a law corporation must ensure at all times that any amendment or alteration to its memorandum or articles of association must comply with all the requirements with respect to law corporations in this Act.
[4/2000]
Shares of law corporation
81H.
—(1)  No person shall transfer or dispose of any shares in a law corporation except in accordance with this section and the rules made under section 81N.
[4/2000]
(2)  All the shares in a law corporation shall be held by solicitors subject to any rules made under section 81N as to any shares or proportion of shares in a law corporation which may be held by such other persons or class of persons as may be prescribed.
[4/2000]
(3)  No share in a law corporation may be held by a person as nominee for another person.
[4/2000]
(4)  Except with the prior approval of the Council or in circumstances prescribed in the rules made under section 81N, any person who holds shares in a law corporation shall not —
(a)
hold shares in any other law corporation;
(b)
be a director or a consultant or an employee of any other law corporation;
(c)
be a partner or a consultant or an employee of any law firm or limited liability law partnership; or
(d)
practise as a solicitor on his own account.
[4/2000; 41/2005]
(5)  No security may be created over any share in a law corporation.
[4/2000]
(6)  A solicitor who, pursuant to disciplinary proceedings under this Act, is suspended from practice or struck off the roll, shall not hold any shares in a law corporation unless the Council, on the solicitor’s application, grants him a grace period to transfer or dispose of his shares in the law corporation.
[4/2000]
(7)  Where a solicitor has been suspended from practice or struck off the roll pursuant to disciplinary proceedings under this Act, he shall not, directly or indirectly, take part or be concerned in the management or practice of a law corporation.
[4/2000]
(8)  Any transfer or disposal made in contravention of subsections (1) to (6) shall be null and void.
[4/2000]
(9)  Notwithstanding subsections (2) and (7), where a solicitor has for any reason ceased to hold a practising certificate, the Council may, upon application made by the solicitor or by the law corporation of which he is a member, grant him a grace period of not more than 2 years to transfer his shares in the law corporation.
[4/2000]
(10)  The solicitor referred to in subsection (9) shall be treated as a solicitor for the purposes of computing the proportion of any class of shares in the law corporation held by solicitors.
[4/2000]
(11)  Notwithstanding subsections (2) and (7), where a solicitor has by reason of death, bankruptcy or incapacity by reason of mental or physical disability ceased to hold a practising certificate, the Council may allow the executor or administrator of the solicitor’s estate or the committee of the person and estate or any other person to hold the solicitor’s shares in the law corporation of which he was or is a member for a grace period of not more than 2 years.
[4/2000]
(12)  The grace period of not more than 2 years referred to in subsection (11) shall commence —
(a)
in the case of death, from the date the administrator is appointed or the date the probate or letters of administration are granted;
(b)
in the case of bankruptcy, from the date the solicitor is adjudged a bankrupt; or
(c)
in the case of incapacity by reason of mental or physical disability, from the date the solicitor becomes incapable to act.
[4/2000]
(13)  The solicitor referred to in subsection (9) or the persons referred to in subsection (11) shall not, during the grace period of 2 years, exercise any voting rights attached to his shares in the law corporation or take part or be concerned in the management or practice of the law corporation.
[4/2000]
Additional grounds for winding up law corporation
81I.
—(1)  A law corporation may be wound up under the Companies Act (Cap. 50) on any of the following grounds:
(a)
the law corporation ceases to satisfy the requirements of this Act or the rules made under section 81N relating to a law corporation; or
(b)
the business of the law corporation has been conducted in a manner unbefitting the profession.
[4/2000]
(2)  The grounds for winding up referred to in subsection (1) are additional to those prescribed by the Companies Act.
[4/2000]
(3)  An application to wind up a law corporation on a ground specified in subsection (1) may be made only by the Attorney-General or the Council.
[4/2000]
Right of appeal against decisions of Council under this Part
81J.
—(1)  An applicant, for approval by the Council of —
(a)
a company or proposed company as a law corporation;
(b)
an amendment or alteration to the memorandum or articles of association of a law corporation; or
(c)
a change in the name of a law corporation,
may appeal to the High Court against a decision of the Council.
[4/2000]
(2)  An applicant making an appeal under subsection (1) must comply with the rules made under section 81N for the purposes of this section.
[4/2000]
(3)  On the hearing of an appeal under this section, the High Court may —
(a)
confirm the decision of the Council; or
(b)
direct the Council to grant the application for approval, either unconditionally or subject to conditions specified by the Court,
and may make such order as to the payment of costs by the Council or by the applicant as it thinks fit.
[4/2000]
Register of law corporations
81K.
—(1)  The Council is required —
(a)
to keep a register of all law corporations approved under section 81B in such form and manner as the Council thinks fit and to have custody of the register and all documents relating to it; and
(b)
to allow any person to inspect the register in such manner as the Council thinks fit.
[4/2000]
(2)  The Council is required to enter in the register of law corporations the name of every law corporation approved under section 81B.
[4/2000]
(3)  The Council may cancel the registration of a law corporation which has ceased providing legal services or which has been wound up.
[4/2000]
This Part to prevail over inconsistent provisions of memorandum and articles of association
81L.  This Part and any rules made under section 81N for the purposes of this Part shall prevail over any inconsistent provision of the memorandum and articles of association of a law corporation.
[4/2000]
Application of Companies Act and other written law to law corporations
81M.
—(1)  Nothing in this Part shall affect the operation of the Companies Act (Cap. 50), and the provisions of this Part shall apply with the provisions of the Companies Act.
[41/2005]
(1A)  In the case of a conflict between any provision of the Companies Act and any provision in this Part, the provision in this Part shall prevail unless otherwise expressly provided in this Part.
[41/2005]
(2)  A law corporation shall, notwithstanding that the shares in the law corporation are held by more than 20 members, be deemed to be an exempt private company for the purposes of the Companies Act.
[4/2000]
(3)  A law corporation shall not be treated for the purposes of the Companies Act as a public company merely because it has more than 50 members.
[4/2000]
(4)  Such provisions of any other written law having effect in relation to solicitors or law firms or limited liability law partnerships as may be prescribed, shall have effect in relation to law corporations with such prescribed modifications as may be necessary or expedient; and such provisions shall be construed accordingly.
[41/2005]
(5)  In this section, references to this Part include references to rules made under section 81N.
[41/2005]
Rules on law corporations
81N.
—(1)  The Minister may, after consulting the Council, make rules for the purposes of this Part.
[4/2000]
(2)  Without prejudice to the generality of subsection (1), any rules made thereunder may provide —
(a)
for prescribing anything which may be prescribed under this Part;
(b)
for restrictions to be imposed on persons or classes of persons who may become officers of a law corporation or who may hold shares in a law corporation and on the proportion of shares in a law corporation which may be held by such persons or classes of persons;
(c)
for the payment of fees on applications made under this Part or any rules made thereunder and for related matters;
(d)
for the keeping of accounts by a law corporation and for the matters set out in section 72;
(e)
for exempting any person or class of persons from any provision of this Part; and
(f)
for such incidental, consequential or supplementary provisions as may be necessary or expedient.
[4/2000]
Reference in other written law
81O.  In any other written law, any reference to a solicitor, an advocate or an advocate and solicitor shall, with such necessary modifications or exceptions as may be prescribed under section 81N, be construed as including a reference to a law corporation.
[4/2000]
PART VIB
LIMITED LIABILITY LAW PARTNERSHIPS
Interpretation of this Part
81P.  In this Part, unless the context otherwise requires —
“law firm”, “legal services” and “solicitor” have the same meanings as are assigned to them in section 81A;
“limited liability partnership agreement”, “manager” and “officer” have the same meanings as are assigned to them in the Limited Liability Partnerships Act (Cap. 163A).
[41/2005]
Approval for limited liability law partnerships
81Q.
—(1)  A solicitor who wishes to have a limited liability partnership or a proposed limited liability partnership approved as a limited liability law partnership shall apply to the Council for approval —
(a)
of the limited liability partnership as a limited liability law partnership; and
(b)
of the name or proposed name of the limited liability law partnership.
[41/2005]
(2)  An application under subsection (1) shall be made in accordance with rules made under section 81ZB.
[41/2005]
(3)  If the Council gives approval for a proposed limited liability partnership to be a limited liability law partnership, the approval shall not take effect until the limited liability partnership is registered under the Limited Liability Partnerships Act.
[41/2005]
Name of limited liability law partnership
81R.
—(1)  The Council shall not approve the name or proposed name of a limited liability law partnership which in its opinion —
(a)
is misleading or detracts from the dignity of an honourable profession;
(b)
is so similar to that of an existing law corporation, limited liability law partnership, law firm or group practice as to be likely to be confused with it; or
(c)
is inconsistent with any of the provisions of any rules on publicity made under section 71(1).
[41/2005]
(2)  The partners of a limited liability law partnership shall ensure that every invoice or official correspondence of the limited liability law partnership bears the statement that it is incorporated with limited liability.
[41/2005]
(3)  No name of a limited liability law partnership may be changed without the prior approval in writing of the Council.
[41/2005]
(4)  Notwithstanding anything in this section or section 19 of the Limited Liability Partnerships Act (Cap. 163A), where the Council is satisfied that the name of a limited liability law partnership has been approved (whether through inadvertence or otherwise and whether originally or by change of name) in contravention of subsection (1), the Council may direct the limited liability law partnership to change its name and the limited liability law partnership shall comply with that direction within 6 weeks from the date of the direction or such longer period as the Council may allow.
[41/2005]
Effect of becoming limited liability law partnership
81S.
—(1)  A limited liability law partnership is authorised to do anything that a solicitor can do by law and is required to do all that a solicitor is required to do by law.
[41/2005]
(2)  Subsection (1) shall not apply to the doing of anything that can only be done by a solicitor as a natural person.
[41/2005]
(3)  A solicitor who provides legal services as a partner or an employee of a limited liability law partnership shall be subject to the same standards of professional conduct and competence in respect of such services as if he were personally providing the legal services as a solicitor in a law firm.
[41/2005]
(4)  The mere fact that a solicitor personally provides legal services as a partner or an employee of a limited liability law partnership shall not affect the personal liability of that solicitor at law.
[41/2005]
Relationship between client and limited liability law partnership
81T.
—(1)  A limited liability law partnership shall have the same rights and shall be subject to the same fiduciary, confidential and ethical requirements with respect to each client of the limited liability law partnership that exist at law with respect to a solicitor and his client.
[41/2005]
(2)  Solicitor-client privilege exists between a limited liability law partnership and a client of the limited liability law partnership in the same way as it exists between a solicitor and his client and extends to every solicitor who is a partner, an officer or an employee of the limited liability law partnership.
[41/2005]
(3)  Sections 128 to 131 of the Evidence Act (Cap. 97) on professional communications shall apply to a limited liability law partnership, its partners, its officers and its employees as it applies to a solicitor.
[41/2005]
Professional misconduct
81U.
—(1)  An act or omission of a solicitor may constitute unsatisfactory professional conduct or professional misconduct even though it is only done or occurs while the solicitor provides legal services through a limited liability law partnership.
[41/2005]
(2)  The partners of the limited liability law partnership who are solicitors shall be jointly liable to disciplinary proceedings under this Act if the business of the limited liability law partnership is conducted in a manner unbefitting an honourable profession and where such conduct cannot be attributed to the act or omission of a particular solicitor or solicitors whose identity is known.
[41/2005]
(3)  A partner or an employee of a limited liability law partnership who is a solicitor (whether or not he has in force a practising certificate) shall not —
(a)
hold shares in any law corporation;
(b)
be a director or a consultant or an employee of any law corporation;
(c)
be a partner or a consultant or an employee of any law firm or another limited liability law partnership; or
(d)
practise as a solicitor on his own account.
[41/2005]
(4)  Subsection (3) shall not prevent a locum solicitor engaged by a limited liability law partnership from concurrently practising as a locum solicitor in another limited liability law partnership or any law firm or law corporation.
[41/2005]
Effect of disciplinary action
81V.  Where a solicitor has been suspended from practice or struck off the roll pursuant to disciplinary proceedings under this Act, he shall not be a manager of a limited liability law partnership.
[41/2005]
Additional grounds for winding up limited liability law partnership
81W.
—(1)  A limited liability law partnership may be wound up under the Limited Liability Partnerships Act (Cap. 163A) on any of the following grounds:
(a)
the limited liability law partnership ceases to satisfy the requirements of this Act or the rules made under section 81ZB relating to a limited liability law partnership; or
(b)
the business of the limited liability law partnership has been conducted in a manner unbefitting the profession.
[41/2005]
(2)  The grounds for winding up referred to in subsection (1) are additional to those prescribed by the Limited Liability Partnerships Act.
[41/2005]
(3)  An application to wind up a limited liability law partnership on a ground specified in subsection (1) may be made only by the Attorney-General or the Council.
[41/2005]
Right of appeal against decisions of Council under this Part
81X.
—(1)  An applicant, for approval by the Council of —
(a)
a limited liability partnership or proposed limited liability partnership as a limited liability law partnership; or
(b)
a change in the name of a limited liability law partnership,
may appeal to the High Court against a decision of the Council.
[41/2005]
(2)  An applicant making an appeal under subsection (1) must comply with the rules made under section 81ZB for the purposes of this section.
[41/2005]
(3)  On the hearing of an appeal under this section, the High Court may —
(a)
confirm the decision of the Council; or
(b)
direct the Council to grant the application for approval, either unconditionally or subject to conditions specified by the Court,
and may make such order as to the payment of costs by the Council or by the applicant as it thinks fit.
[41/2005]
Register of limited liability law partnerships
81Y.
—(1)  The Council is required —
(a)
to keep a register of all limited liability law partnerships approved under section 81Q in such form and manner as the Council thinks fit and to have custody of the register and all documents relating to it; and
(b)
to allow any person to inspect the register in such manner as the Council thinks fit.
[41/2005]
(2)  The Council is required to enter in the register of limited liability law partnerships the name of every limited liability law partnership approved under section 81Q.
[41/2005]
(3)  The Council may cancel the registration of a limited liability law partnership which has ceased providing legal services or which has been wound up.
[41/2005]
This Part to prevail over inconsistent provisions of limited liability partnership agreement
81Z.  This Part and any rules made under section 81ZB for the purposes of this Part shall prevail over any inconsistent provision of the limited liability partnership agreement of a limited liability law partnership.
[41/2005]
Application of Limited Liability Partnerships Act and other written law to limited liability law partnerships
81ZA.
—(1)  Nothing in this Part shall affect the operation of the Limited Liability Partnerships Act (Cap. 163A), and the provisions of this Part shall apply with the provisions of the Limited Liability Partnerships Act.
[41/2005]
(2)  In the case of a conflict between any provision of the Limited Liability Partnerships Act and any provision in this Part, the provision in this Part shall prevail unless otherwise expressly provided in this Part.
[41/2005]
(3)  Such provisions of any other written law having effect in relation to solicitors or law firms or law corporations as may be prescribed, shall have effect in relation to limited liability law partnerships with such prescribed modifications as may be necessary or expedient; and such provisions shall be construed accordingly.
[41/2005]
(4)  In this section, references to this Part include references to rules made under section 81ZB.
[41/2005]
Rules on limited liability law partnerships
81ZB.
—(1)  The Minister may, after consulting the Council, make rules for the purposes of this Part.
[41/2005]
(2)  Without prejudice to the generality of subsection (1), any rules made thereunder may provide —
(a)
for prescribing anything which may be prescribed under this Part;
(b)
for restrictions to be imposed on persons or classes of persons who may be partners in or officers of a limited liability law partnership;