On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 01/06/2012.
83.
—(1) All advocates and solicitors shall be subject to the control of the Supreme Court and shall be liable on due cause shown —
(a)
to be struck off the roll;
(b)
to be suspended from practice for a period not exceeding 5 years;
(c)
to pay a penalty of not more than $100,000;
(d)
to be censured; or
(e)
to suffer the punishment referred to in paragraph (c) in addition to the punishment referred to in paragraph (b) or (d).
[19/2008]
(2) Such due cause may be shown by proof that an advocate and solicitor —
(a)
has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession;
(b)
has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of such a breach of any usage or rule of conduct made by the Council under the provisions of this Act as amounts to improper conduct or practice as an advocate and solicitor;
(c)
has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 124(5)(a), (b), (c), (d), (e), (f), (h), (i), (k), (l) or (m) of the Bankruptcy Act (Cap. 20);
(d)
has tendered or given or consented to retention, out of any fee payable to him for his services, of any gratification for having procured the employment in any legal business of himself, of any other advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered by the Attorney-General under section 130I;
[8/2011 wef 03/05/2011]
(e)
has, directly or indirectly, procured or attempted to procure the employment of himself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered by the Attorney-General under section 130I through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given;
[8/2011 wef 03/05/2011]
(f)
has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto;
(g)
[Deleted by Act 8/2011 wef 03/05/2011]
(h)
has been guilty of such misconduct unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession;
(i)
carries on by himself or any person in his employment any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling;
(j)
has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or
(k)
has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in his capacity as a legal practitioner by whatever name called in any other country.
[41/93; 15/95]
(3) Every practice trainee, and every qualified person in respect of whom an application under section 32(3) has been granted, shall, with the necessary modifications, be subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part, except that in lieu of any order that he be struck off the roll or suspended, an order may be made prohibiting him from applying to the court for admission as an advocate and solicitor until after a date specified in the order.
[8/2011 wef 03/05/2011]
(4) The jurisdiction given by subsection (3) shall be exercised by a single Judge.
(5) In any proceedings under this Part, the court may in addition to the facts of the case take into account the past conduct of the person concerned in order to determine what order should be made.
(6) In any proceedings instituted under this Part against an advocate and solicitor consequent upon his conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Judges of the Supreme Court referred to in section 98 shall accept his conviction as final and conclusive.
[15/89; 41/93; 19/2008]