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Contents  

Long Title

Part I PRELIMINARY

Part II ADMISSION OF ADVOCATES AND SOLICITORS

Division 1 — Board of Legal Education

Division 2 — Qualified persons

Part III PRACTISING CERTIFICATES

Part IV PRIVILEGES OF ADVOCATES AND SOLICITORS

Part V THE LAW SOCIETY OF SINGAPORE

Division 1 — Establishment, purposes and powers of Society

Division 2 — Members of Society and subscriptions

Division 3 — Council of Society

Division 4 — Election of members of Council

Division 5 — Officers of Council

Division 6 — Powers of Council

Division 7 — Proceedings of Council

Division 8 — General meetings of Society

Part VI PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE OF SOLICITORS

Part VIA LAW CORPORATIONS

Part VIB LIMITED LIABILITY LAW PARTNERSHIPS

Part VII DISCIPLINARY PROCEEDINGS

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

Part IX RECOVERY AND TAXATION OF COSTS

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

Part X MISCELLANEOUS

FIRST SCHEDULE Intervention in Solicitor’s Practice

SECOND SCHEDULE Inadequate Professional Services

Legislative History

Comparative Table

 
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On 11/02/2016, you requested the version as published on or before 11/02/2016.
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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)
draws or prepares any document or instrument relating to the incorporation or formation of a limited company;
(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.
History for Provision '33 Unauthorised person acting as advocate or solicitor'.
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Right Arrow
pr33-.
15/03/1994
Formal Consolidation
15 March 1994
1994 RevEd
 

20/12/1997
Formal Consolidation
20 December 1997
1997 RevEd
 
Compare versionsDiff

05/05/2000
Informal Consolidation
06 March 2000
Amended
Act 4 of 2000

01/11/2000
Informal Consolidation
25 October 2000
Amended
Act 28 of 2000

30/12/2000
Formal Consolidation
30 December 2000
2000 RevEd
 
Compare versionsDiff

01/11/2001
Informal Consolidation
24 October 2001
Amended
Act 35 of 2001

31/12/2001
Formal Consolidation
31 December 2001
2001 RevEd
 
Compare versionsDiff

04/12/2006
Informal Consolidation
12 December 2005
Amended
Act 41 of 2005

01/03/2007
Informal Consolidation
01 March 2007
Amended
Act 10 of 2007

01/06/2007
Informal Consolidation
19 September 2008
Amended
Act 19 of 2008

01/06/2007
Informal Consolidation
19 September 2008
Amended
Act 20 of 2007

19/09/2008
Informal Consolidation
19 September 2008
Amended
Act 19 of 2008

15/10/2008
Informal Consolidation
19 September 2008
Amended
Act 19 of 2008

01/06/2009
Formal Consolidation
01 June 2009
2009 RevEd
 
Compare versionsDiff

03/05/2011
Informal Consolidation
11 March 2011
Amended
Act 8 of 2011

01/10/2014
Informal Consolidation
01 October 2014
Amended
Act 27 of 2014