Legal Profession Act

(CHAPTER 161)

(Original Enactment: Act 5 of 1981)

REVISED EDITION 2001

(31st December 2001)

An Act to establish the Board of Legal Education, to constitute the Law Society of Singapore and to amend and consolidate the law relating to the legal profession.

[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” means the Board of Legal Education established under section 3;

“client” includes —

(a)

in relation to contentious business, any person who, as 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

[41/2005 wef 04/12/2006]

(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;

[19/2008 wef 19/09/2008]

“constituent Singapore law practice”, in relation to a Joint Law Venture, means the Singapore law practice which constitutes part of the Joint Law Venture;

[19/2008 wef 19/09/2008]

“contentious business” means business done in or for the purposes of proceedings begun before a court of justice or before an arbitrator;

[19/2008 wef 19/09/2008]

“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 Committee” means a committee appointed by the Chief Justice under section 90;

“foreign law” means the law of any state or territory other than Singapore, and includes international law;

[19/2008 wef 19/09/2008]

“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;

[19/2008 wef 19/09/2008]

“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;

[19/2008 wef 19/09/2008]

“Inquiry Committee” means an Inquiry Committee constituted under section 85(10);

“Joint Law Venture” means a Joint Law Venture licensed under section 130B;

[19/2008 wef 19/09/2008]

“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 an Inquiry Committee or Disciplinary Committee, means an architect, accountant, banker, company director, insurer, professional engineer, medical practitioner or a person who possesses such other qualifications as may be approved by the Chief Justice and the Attorney-General;

“legal officer” means a person appointed as a legal officer in the Singapore Legal Service;

“licensed foreign law practice” means a foreign law practice licensed under section 130E;

[19/2008 wef 19/09/2008]

“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;

“Malayan practitioner” means any person entitled to practise before a High Court in any part of West Malaysia;

“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;

[19/2008 wef 19/09/2008]

“practising certificate” means a certificate issued by the Registrar under section 25;

“qualified person” means any person who —

(a)

before 1st May 1993 —

(i)	has passed the final examination for the degree of Bachelor of Laws in the University of Malaya in Singapore, the University of Singapore or the National University of Singapore;
(ii)	was and still is a barrister-at-law of England or of Northern Ireland or a member of the Faculty of Advocates in Scotland;
(iii)	was and still is a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland; or
(iv)	was and still is in possession of such other degree or qualification as may have been declared by the Minister under section 7 in force immediately before 1st January 1994 and has obtained a certificate from the Board under that section;

(b)

on or after 1st May 1993 possesses such qualifications and satisfies such requirements as the Minister may prescribe under subsection (2); or

(c)

is approved by the Board as a qualified person under section 7;

“Qualifying Foreign Law Practice” means a foreign law practice licensed under section 130D;

[19/2008 wef 19/09/2008]

“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;

“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;

“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; [19/2008 wef 19/09/2008]

“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]

(2) For the purposes of paragraph (b) of the definition of “qualified person” in subsection (1), the Minister may, after consultation with the Board, make rules to prescribe the qualifications, education and training for persons seeking to be qualified persons under this Act.

[41/93]

(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 Board of the syllabus and contents of such courses and examinations leading to such qualifications;
(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 Board; and
(e)	include such incidental, supplementary or transitional provisions as may be necessary or expedient. [41/93]

(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)	sections 78, 81D, 81E, 81F, 81H, 81S, 81T and 81U;
(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)	the Second Schedule.

(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.

(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.

Search within Legislation