PART 4 | PRIVILEGES OF ADVOCATES AND SOLICITORS |
| Privileges of advocates and solicitors |
29.—(1) Subject to the provisions of any written law, advocates and solicitors 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, subject to section 31, have the same rights and privileges without differentiation.(2) Nothing in subsection (1) affects the right which is hereby declared of —| (a) | the Attorney-General, a Deputy 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, or on behalf of any statutory board pursuant to section 3(1) or 4(1) of the Attorney‑General (Additional Functions) Act 2014, 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; | | (c) | the Director, a Deputy Director or an Assistant Director of Legal Aid to appear and plead in those courts under the provisions of the Legal Aid and Advice Act 1995 or the International Child Abduction Act 2010; [Act 25 of 2021 wef 01/04/2022] | | (d) | a public officer mentioned in section 3(4)(b) of the Legal Aid and Advice Act 1995 to appear and plead in those courts under the provisions of that Act; [25/2014; 41/2014; 50/2018] [Act 25 of 2021 wef 01/04/2022] | | (e) | an academic involved in the teaching of law, or a person who was formerly such an academic, to appear and plead in those courts when appointed by those courts as an independent counsel under —| (i) | the Supreme Court of Judicature Act 1969* or any Rules of Court made under that Act; or | | (ii) | the Family Justice Act 2014 or any Family Justice Rules made under that Act; [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] |
| | (f) | a person who has special knowledge or experience in any area of law to appear and plead in those courts when appointed by those courts as an independent counsel under —| (i) | the Supreme Court of Judicature Act 1969* or any Rules of Court made under that Act; or | | (ii) | the Family Justice Act 2014 or any Family Justice Rules made under that Act; [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] |
| | (fa) | a lawyer (NP) who has in force a provisional practising certificate to appear and plead in those courts under the supervision of a solicitor; [Act 37 of 2023 wef 17/07/2024] | | (g) | the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender to appear and plead in those courts under the provisions of the Public Defenders Act 2022; and [Act 23 of 2022 wef 01/12/2022] | | (h) | a public defender mentioned in section 3(8)(b) of the Public Defenders Act 2022 to appear and plead in those courts under the provisions of that Act. [Act 23 of 2022 wef 01/12/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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| (3) Despite 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 is not entitled to practise Singapore law except in accordance with Part 4A and any rules made under section 36M. [40/2014] |
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| Appointment of Senior Counsel |
| 30.—(1) A Selection Committee comprising the Chief Justice, the Attorney‑General and the Justices of the Court of Appeal may appoint an advocate and solicitor, a Judicial Service Officer 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 or she is deserving of such distinction. [20/2009; 40/2019] [Act 33 of 2021 wef 14/01/2022] | (2) At every meeting of the Selection Committee, 3 members constitute a quorum, and no business is to be transacted unless a quorum is present. |
| (3) A decision at a meeting of the Selection Committee is to 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 has a casting vote in addition to his or her original vote. |
| (4) Subject to this section, the Selection Committee may establish its own practice and regulate its own procedure. |
(5) The appointment of a Senior Counsel is deemed to be revoked if the Senior Counsel —| (a) | [Deleted by Act 19 of 2008] | | (b) | being a Judicial Service Officer or a Legal Service Officer, is dismissed from the Singapore Judicial Service or the Singapore Legal Service, as the case may be; [Act 33 of 2021 wef 14/01/2022] | | (c) | being a member of the Faculty of Law of the National University of Singapore, the School of Law of the Singapore Management University or the School of Law of the Singapore University of Social Sciences, 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) | has a mental disorder and becomes incapable of managing himself or herself or his or her affairs; | | (f) | is an undischarged bankrupt; or | | (g) | enters into a composition with his or her creditors or a deed of arrangement with his or her creditors. [21/2008; 20/2009; 16/2016; 30/2017] |
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(5A) The appointment of a Senior Counsel is 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 of advocates and solicitors; or [Act 37 of 2023 wef 17/07/2024] | | (b) | a court of 3 Supreme Court Judges recommends that the appointment of the Senior Counsel be revoked. [40/2019] |
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(6) No person may be appointed as a Senior Counsel unless the person has, for an aggregate period of at least 10 years, been one or more of the following:| (a) | an advocate and solicitor; | | (b) | a Judicial Service Officer; | | (c) | a Legal Service Officer. [Act 33 of 2021 wef 14/01/2022] |
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| (7) On 21 April 1989, those persons who, on the date immediately preceding that date, are holding office as the Attorney‑General and the Solicitor‑General are deemed to have been appointed as Senior Counsel under this section. |
| (8) Any person who, on or after 1 June 2007, holds office as the Attorney‑General, a Deputy Attorney‑General or the Solicitor‑General is deemed, if he or she is not a Senior Counsel, to have been appointed as Senior Counsel under this section on that date or the date on which he or she is appointed Attorney‑General, Deputy Attorney‑General or Solicitor‑General, whichever is the later. [41/2014] |
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| Order of precedence of Senior Counsel in court |
| 31.—(1) Senior Counsel rank in precedence after the Attorney‑General, any Deputy Attorney‑General and the Solicitor‑General according to their seniority of appointment as Senior Counsel. [41/2014] | (2) If 2 or more Senior Counsel are appointed on the same day, they take precedence according to the date on which they were admitted as advocates and solicitors. |
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| Requirements for practice and unauthorised persons |
32.—(1) Subject to this Part and Part 4A, a person must not practise as an advocate and solicitor or do any act as an advocate and solicitor unless —| (a) | his or her name is on the roll of advocates and solicitors; and [Act 37 of 2023 wef 17/07/2024] | | (b) | he or she has in force a practising certificate. [40/2014] |
(1A) However, a person may, during the periods mentioned in section 18(1)(c)(i) and (ii), practise provisionally if —| (a) | the person’s name is on the roll of lawyers (NP); and | | (b) | the person has in force a provisional practising certificate. [Act 37 of 2023 wef 17/07/2024] |
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(2) For the purposes of this Act, a person is an unauthorised person if he or she is not one of the following persons:| (a) | a person who satisfies all the following conditions:| (i) | his or her name is on the roll of advocates and solicitors; | | (ii) | he or she has in force a practising certificate; |
| | (b) | a person who satisfies all the following conditions:| (i) | his or her name is on the roll of lawyers (NP); | | (ii) | he or she has in force a provisional practising certificate; | | (iii) | when carrying out the act in question, he or she is under the supervision of a solicitor. [Act 37 of 2023 wef 17/07/2024] |
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| (3) For the purposes of this Act, a person is also an unauthorised person if, 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 or she practises Singapore law otherwise than in accordance with Part 4A and any rules made under section 36M. [Act 37 of 2023 wef 17/07/2024] |
| (4) [Deleted by Act 37 of 2023 wef 17/07/2024] |
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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 or her 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 or she is duly qualified or authorised to act as an advocate or a solicitor, or that he or she 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. |
(2) Without limiting 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) | [Deleted by Act 8 of 2011] | | (d) | on behalf of a claimant or person alleging 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 or she proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence. |
[8/2011] |
| (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. |
| (4) Subsection (3) does 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. |
| (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. |
| (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 affecting 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 affecting the liability of the limited liability partnership) be liable to the punishments provided in subsection (5). |
| (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 is deemed to have committed that offence unless he or she proves that he or she 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 or she 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. |
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| Qualifications to section 33 |
34.—(1) Section 33 does not extend to —| (a) | the Attorney-General, a Deputy Attorney-General or the Solicitor‑General or any other person acting under the authority of any 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, a Deputy Director or an Assistant Director of Legal Aid acting in the course of the duties of the Director, Deputy Director or Assistant Director of Legal Aid (as the case may be) under the provisions of the Legal Aid and Advice Act 1995 or the International Child Abduction Act 2010; | | (ca) | a public officer mentioned in section 3(4)(b) of the Legal Aid and Advice Act 1995 acting in the course of that public officer’s duties under that Act; | | (cb) | the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender acting in the course of the functions of the Chief Public Defender, Deputy Chief Public Defender or Assistant Chief Public Defender (as the case may be) under the provisions of the Public Defenders Act 2022; [Act 23 of 2022 wef 01/12/2022] | | (cc) | a public defender appointed under section 3(6) of the Public Defenders Act 2022 acting in the course of that public defender’s functions under that Act; [Act 23 of 2022 wef 01/12/2022] | | (d) | any other public officer drawing or preparing instruments in the course of his or her duty; | | (e) | any person acting personally for himself or herself only in any matter or proceeding to which he or she is a party; | | (ea) | any officer of a company, variable capital company or limited liability partnership who is duly authorised by the company, variable capital 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, variable capital company or limited liability partnership, in accordance with the Family Justice Rules or 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 Family Justice Rules or 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 or she has been instructed by an advocate and solicitor; | | (i) | any accountant drawing or preparing documents in the exercise of his or her 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 public accountant drawing or preparing any instrument which he or she is empowered to do under any law for the time being in force relating to companies; [Act 25 of 2021 wef 01/04/2022] | | (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; [27/2010; 8/2011; 40/2014; 41/2014; 50/2018; S 461/2020] [Act 25 of 2021 wef 01/04/2022] | | (n) | an academic involved in the teaching of law, or a person who was formerly such an academic, acting as an independent counsel appointed by a court under —| (i) | the Supreme Court of Judicature Act 1969* or any Rules of Court made under that Act; or | | (ii) | the Family Justice Act 2014 or any Family Justice Rules made under that Act; or [Act 25 of 2021 wef 01/04/2022] |
| | (o) | a person who has special knowledge or experience in any area of law acting as an independent counsel appointed by a court under —| (i) | the Supreme Court of Judicature Act 1969* or any Rules of Court made under that Act; or | | (ii) | the Family Justice Act 2014 or any Family Justice Rules made under that Act. [Act 25 of 2021 wef 01/04/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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| (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. [8/2011] |
(3) In this section —| “company” means a company incorporated under the Companies Act 1967; |
| “limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act 2005; |
| “manager”, in relation to a limited liability partnership, has the meaning given by the Limited Liability Partnerships Act 2005; |
“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; | | (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; or | | (d) | in relation to a variable capital company, means any director or secretary of the variable capital company, or a person employed in an executive capacity by the variable capital company; |
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| “partner”, in relation to a limited liability partnership, has the meaning given by the Limited Liability Partnerships Act 2005; |
| “relevant matter or proceeding” means a matter or proceeding of such type as may be specified in the Family Justice Rules or the Rules of Court; |
| “variable capital company” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018. [8/2011; 40/2014; S 461/2020] |
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| Sections 32 and 33 not to extend to arbitration proceedings |
35.—(1) Sections 32 and 33 do 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. |
(2) In this section, “arbitration proceedings” means proceedings in an arbitration which —| (a) | is governed by the Arbitration Act 2001 or the International Arbitration Act 1994; or | | (b) | would have been governed by either the Arbitration Act 2001 or the International Arbitration Act 1994 had the place of arbitration been Singapore. |
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| 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 or her —| (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 mentioned in paragraph (a) to the Society for the benefit of the person who made the payment. |
| (2) The Society must hold and pay out any moneys received pursuant to an order made under subsection (1)(b) in the manner prescribed under subsection (5). |
| (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 mentioned in subsection (1)(a) paid by a person to an unauthorised person is 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. |
| (4) An amount ordered to be paid under subsection (1) carries interest as from the date of the order and at the same rate as a judgment debt. |
| (5) The Council may, with the approval of the Chief Justice, make rules for the purposes of subsection (2). |
| (6) In this section, “fee, gain or reward” does not include disbursements. |
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| Sections 32 and 33 not to extend to mediation |
35B.—(1) Sections 32 and 33 do not extend to —| (a) | any certified mediator conducting any mediation; | | (b) | any mediator conducting any mediation which is administered by a designated mediation service provider; | | (c) | any foreign lawyer representing any party in any mediation that —| (i) | is conducted by a certified mediator or administered by a designated mediation service provider; and | | (ii) | relates to a dispute involving a cross-border agreement where Singapore is the venue for the mediation; or |
| | (d) | any foreign lawyer registered under section 36P and representing any party in any mediation that relates to a dispute in respect of which an action has commenced in the Singapore International Commercial Court. [1/2017] |
(2) In this section —| “certified mediator”, “designated mediation service provider”, “mediation” and “mediator” have the meanings given by the Mediation Act 2017; |
“cross-border agreement” means an agreement in respect of which any one or more of the following circumstances exist:| (a) | at least one party to the agreement is incorporated, resident or has its place of business outside Singapore; | | (b) | the subject matter of the agreement —| (i) | is most closely connected to a place located outside Singapore; or | | (ii) | has no physical connection to Singapore; |
| | (c) | the obligations under the agreement are to be performed entirely outside Singapore. [1/2017] |
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| (3) This section applies in relation to any mediation conducted on or after 1 November 2017, whether the mediation commences before, on or after that date. [1/2017] |
| (4) For the purposes of subsection (3), a mediation to resolve the whole or part of a dispute commences on the day on which all the parties agree to refer any part of that dispute for mediation. [1/2017] |
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| 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 are 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) does not entitle any person (called in this subsection 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). |
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