—(1) All advocates and solicitors shall be subject to the control of the Supreme Court and shall be liable on due cause shown —
to be struck off the roll;
to be suspended from practice for a period not exceeding 5 years;
to pay a penalty of not more than $100,000;
to be censured; or
(2) Such due cause may be shown by proof that an advocate and solicitor —
has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession;
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;
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);
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 himselfor any other advocate and solicitor;
[8/2011 wef 03/05/2011]
has, directly or indirectly, procured or attempted to procure the employment of himself or any advocate and solicitor through or by the instruction of any person to whom any remuneration for obtainingsuch employment has been given by him or agreed or promised to beso given;
[8/2011 wef 03/05/2011]
has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto;
allows any clerk or other unauthorised person to undertake or carry on legal business in his name, that other person not being under such direct and immediate control of his principal as to ensure that he does not act without proper supervision;
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;
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;
has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or
has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner by whatever name called in any other country.
(3) Pupils shall, with the necessary modifications, be subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part; but in lieu of an order striking him off the roll or suspending him, an order may be made prohibiting the pupil from applying to the court for admission until after a date specified in the order.
(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]