Legal Profession (Amendment) Act 1996 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 37]

Friday, November 8

[1996

The following Act was passed by Parliament on 10th October 1996 and assented to by the President on 30th October 1996:—

Legal Profession (Amendment) Act 1996

(No. 40 of 1996)

I assent.

ONG TENG CHEONG

President

30th October 1996.

Date of Commencement: 1st January 1997

An Act to amend the Legal Profession Act (Chapter 161 of the 1994 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Legal Profession (Amendment) Act 1996 and shall, with the exception of section 9, come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) Section 9 shall be deemed to have come into operation on 1st September 1996.

Amendment of section 14

2. Section 14 of the Legal Profession Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the word “or” at the end of subsection (1)(b);

(b)

by deleting paragraph (c\) of subsection (1) and substituting the following paragraphs:

“(c)	with an advocate and solicitor who has at any time held office as the Attorney-General or as a judge of the Supreme Court; or
(d)	partly with an advocate and solicitor under paragraph (a) or (c) and partly with a legal officer under paragraph (b).”; and

(c)

by deleting the words “or (c)” in subsection (2) and substituting the words “or (d)”.

Amendment of section 21

3. Section 21 of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:

“(1A) The court shall not admit a person under this section in any criminal case unless the court is satisfied that there is a special reason to do so.”.

Amendment of section 25

4. Section 25 of the principal Act is amended —

(a)

by deleting the word “and” at the end of subsection (1)(b)(ii);

(b)

by inserting, immediately after sub-paragraph (iii) of subsection (1)(b), the following sub-paragraph:

“(iv)

if he has been ordered by the Council to pay any penalty under Part VII, he has paid the penalty;”;

(c)

by inserting, immediately after paragraph (b) of subsection (1), the following paragraph:

“(ba)

a certificate from the Academy that he has paid all moneys, contributions and subscriptions payable by him under the Singapore Academy of Law Act [Cap. 294A] and any rules made thereunder; ”;

(d)

by inserting, immediately after the word “shall” in the thirty-fourth line of subsection (1), the words “, subject to sections 25A and 25B,”; and

(e)

by inserting, immediately after the word “shall” in the second line of subsection (2), the words “, subject to sections 26(4) and 27B,”.

New sections 25A and 25B

5. The principal Act is amended by inserting, immediately after section 25, the following sections:

“Power of Attorney-General, Registrar and Council with respect to issue of practising certificates in certain circumstances

25A.—(1) This section shall apply to any solicitor —

(a)	whose suspension from practice has expired;
(b)	who has been discharged from bankruptcy;
(c)	who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere;
(d)	who has been convicted of an offence involving dishonesty or fraud;
(e)	who has been convicted of an offence in relation to his conduct in his practice of law;
(f)	who has been found guilty of misconduct in any other professional capacity;
(g)	who the Attorney-General or the Council is satisfied is incapacitated by illness or accident to such extent as to be unable to attend to his practice; or
(h)	who the Attorney-General or the Council is satisfied has failed to comply with any of the rules made under section 72.

(2) Where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar —

(a)	to refuse the application for a practising certificate; or
(b)	to issue a practising certificate to the solicitor subject to such conditions as the Attorney-General or the Council may specify,

and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing.

(3) Without prejudice to the generality of subsection (2)(b) —

(a)	conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney-General or the Council, be conducive to his carrying on an efficient practice as a solicitor; and
(b)	conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.

(4) Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in paragraph (c), (d), (e), (f), (g) or (h) of subsection (1), the solicitor concerned may, upon proof of a change in the circumstances or for other good cause, inform the Attorney-General or the Council, as the case may be, of the change or good cause.

(5) The Attorney-General or the Council, as the case may be, shall upon being so informed under subsection (4) re-consider the request and may in writing request the Registrar —

(a)	to grant the application for a practising certificate; or
(b)	to remove any condition imposed on the practising certificate under subsection (2)(b),

and the Registrar may comply with the request and notify the solicitor in writing.

(6) Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1) then, except in the case of any circumstances of whose existence the Attorney-General or the Council is unaware at the time the certificate is issued, this section shall not thereafter apply in relation to that solicitor by reason of those circumstances.

(7) The Registrar shall not refuse an application by a solicitor for a practising certificate where —

(a)	this section applies to the solicitor by reason only of any such circumstances as are mentioned in paragraph (a) or (b) of subsection (1); or
(b)	disciplinary proceedings against the solicitor under Part VII by reason of any such circumstances as are mentioned in subsection (1) have been disposed of.

Appeals in connection with issue of practising certificates

25B.—(1) Where the Registrar has refused to issue a practising certificate or has issued a practising certificate subject to a condition to a solicitor under section 25A, the solicitor may, within one month of being notified by the Registrar of the decision, appeal to a judge by originating summons.

(2) Any appeal under subsection (1) shall be served on the Attorney-General and the Society, and the Attorney-General and the Society may appear at the hearing to make representations.

(3) On such appeal, the judge may —

(a)	direct the Registrar not to issue a practising certificate to the solicitor;
(b)	direct the Registrar to issue a practising certificate to the solicitor free from conditions or subject to such conditions as the judge thinks fit; or
(c)	make such other order as the judge thinks fit.

(4) No appeal shall lie from any order made by a judge under this section.”.

Amendment of section 26

6. Section 26 of the principal Act is amended —

(a)

by deleting the word “or” at the end of subsection (1)(e);

(b)

by deleting the full-stop at the end of paragraph (f) of subsection (1) and substituting the word “or”, and by inserting immediately thereafter the following paragraph:

“(g)	if he has been found under section 7 of the Mental Disorders and Treatment Act [Cap. 178] to be of unsound mind and incapable of managing himself and his affairs. ”; and

(c)

by deleting subsection (4) and substituting the following subsections:

“(4) A practising certificate issued to a solicitor shall cease to be in force —

(a)	when the solicitor ceases to practise or to be employed as provided in this section; or
(b)	upon the solicitor becoming subject to any disqualification under subsection (1)(d), (e), (f) or (g).

(5) For the purposes of this section, “judge” shall not include a Judicial Commissioner of the Supreme Court.”.

Amendment of section 27

7. Section 27 of the principal Act is amended —

(a)	by inserting, immediately after the words “section 25(1)(a)” in the fifth line of subsection (1), the words “and any condition imposed on the practising certificate”; and
(b)	by inserting, immediately after the words “subsection (1)” in the second line of subsection (2), the words “or with respect to the status of his practising certificate, including as to whether it has ceased to be in force under section 26(4)”.

New sections 27A and 27B

8. The principal Act is amended by inserting, immediately after section 27, the following sections:

“Imposition of conditions while practising certificates are in force

27A.—(1) Where, at any time during the currency of the practising certificate of a solicitor, section 25A would have effect in relation to him by reason of any such circumstances as are mentioned in section 25A(1) if he were to make an application for a practising certificate at that time, a judge may, upon an application by the Attorney-General or the Council made by originating summons and served upon the solicitor, direct that the current practising certificate of the solicitor shall have effect subject to such conditions as the judge thinks fit.

(2) Where an order under subsection (1) has been made against a solicitor by reason only of any such circumstances as are mentioned in section 25A(1)(c), (d), (e), (f), (g) or (h), the solicitor may, upon proof of a change in the circumstances or for other good cause, apply to a judge by summons for a reconsideration of the matter.

(3) Any application under subsection (2) shall be served on the Attorney-General and the Society and the Attorney-General and the Society may appear at the hearing to make representations.

(4) At the hearing of the application, the judge shall consider all the circumstances of the case and may make such order as he thinks fit.

(5) No appeal shall lie from any order made by a judge under subsection (4).

(6) Section 25A(3) shall apply for the purposes of subsection (1) as it applies for the purposes of section 25A(2)(b).

Referral to Disciplinary Committee and suspension of practising certificates

27B.—(1) Upon an application to a judge by the Attorney-General or the Council, or on the hearing by a judge of an application made under section 27A, the judge may, where he is satisfied that cause of sufficient gravity for disciplinary action against the solicitor exists —

(a)	request the Society under section 85(3)(b) to refer the matter to a Disciplinary Committee unless the matter had been or is being dealt with under Part VII or is to be dealt with under section 94A; and
(b)	order that the solicitor’s current practising certificate be suspended.

(2) Any application by the Attorney-General or the Council under subsection (1) shall be made by originating summons which shall be served on the solicitor.

(3) Where the Attorney-General or the Council makes an application under subsection (1), the judge shall have, in addition to his powers under that subsection, the powers exercisable by him under section 27A.

(4) If —

(a)	the Disciplinary Committee determines under section 93(1)(a) that no cause of sufficient gravity for disciplinary action against the solicitor exists under section 83 or determines under section 93(1)(b) that the solicitor should be reprimanded;
(b)	the application under section 98(1) for an order against the solicitor to show cause is withdrawn or dismissed;
(c)	the application under section 98(5) to make absolute an order against the solicitor to show cause is withdrawn or discharged; or
(d)	the order against the solicitor to show cause has been made absolute,

the suspension of the practising certificate of the solicitor shall terminate forthwith.

(5) Nothing in subsection (4) shall be construed as affecting the power of the court of 3 judges of the Supreme Court to suspend a solicitor from practice on an application to make the order to show cause absolute under section 98.

(6) Where the suspension of the practising certificate of a solicitor under this section has terminated by reason only of the expiry of the solicitor’s current practising certificate and not by reason of the occurrence of any of the events mentioned in subsection (4), the solicitor shall not apply for another practising certificate until any of the events mentioned in subsection (4) has occurred; and if a practising certificate has been issued to him, that certificate shall cease to be in force.

(7) No appeal shall lie from any order made by a judge under this section.”.

Amendment of section 30

9. Section 30 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:

“(1) A Selection Committee comprising the Chief Justice, the Attorney-General and the Judges of Appeal may appoint an advocate and solicitor or a legal 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 is deserving of such distinction.

(1A) At every meeting of the Selection Committee, 3 members shall constitute a quorum and no business shall be transacted unless a quorum is present.

(1B) A decision at a meeting of the Selection Committee shall 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 shall have a casting vote in addition to his original vote.

(1C) Subject to this section, the Selection Committee may establish its own practice and regulate its own procedure.

(1D) The appointment of a Senior Counsel shall be deemed to be revoked if the Senior Counsel —

(a)	is suspended from practice or struck off the roll;
(b)	being a legal officer, is dismissed from the Singapore Legal Service;
(c)	being a member of the Faculty, is dismissed from the Faculty;
(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 one year or to a fine of not less than $2,000 and has not received a free pardon;
(e)	becomes of unsound mind;
(f)	is an undischarged bankrupt; or
(g)	enters into a composition with his creditors or a deed of arrangement with his creditors.”.

Repeal and re-enactment of section 56

10. Section 56 of the principal Act is repealed and the following section substituted therefor:

“President, Vice-Presidents and Treasurer

56.—(1) There shall be a President, two Vice-Presidents and a Treasurer of the Society who shall be elected by —

(a)	members and members-elect of the Council taking office in either case on 1st January after an annual election under section 54(1) from amongst those members at a meeting of the Council before that date; or
(b)	members of the Council taking office under section 54(2) from amongst those members at the first meeting of the Council.

(2) The Council shall as soon as practicable after the commencement of the Legal Profession (Amendment) Act 1996 elect the other Vice-President and the Treasurer of the Society from amongst its members.

(3) If any casual vacancy arises in respect of the office of the President, a Vice-President or the Treasurer of the Society, the Council shall, at its next meeting or as soon as possible thereafter, elect one of its members to fill the vacancy.

(4) The President of the Society or in his absence a Vice-President of the Society nominated by the President shall be the chairman of the Council and shall preside at all meetings of the Council and of the Society.

(5) In the absence of the President and the Vice-Presidents of the Society, the Council or the Society, as the case may be, shall elect a chairman from among the respective members.”.

Amendment of section 59

11. Section 59 (1) of the principal Act is amended by inserting, immediately after paragraph (m), the following paragraph:

“(ma)

to form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Society;.”.

Repeal and re-enactment of section 74

12. Section 74 of the principal Act is repealed and the following section substituted therefor:

“Intervention in solicitor’s practice

74. The powers conferred by Part II of the First Schedule shall be exercisable in the circumstances specified in Part I of that Schedule.”.

New sections 75B, 75C and 75D

13. The principal Act is amended by inserting, immediately after section 75A, the following sections:

“Redress for inadequate professional services

75B.—(1) The Second Schedule shall have effect with respect to the provision by solicitors of services on or after the appointed day which are not of the quality which it is reasonable to expect of them.

(2) In this section and section 75C, “appointed day” means such date as the Minister may, by notification in the Gazette, appoint for the purposes of this section and section 75C; and the Minister may appoint different dates for the purposes of this section and of section 75C.

Qualification to practise as sole proprietor or in partnership

75C.—(1) No solicitor, who is admitted as a solicitor on or after the appointed day, may practise as a solicitor on his own account or in partnership unless he —

(a)	has successfully completed such legal practice management course within such time as the Council may by rules made under section 71 prescribe; and
(b)	has, since being admitted as a solicitor, been employed for not less than 3 continuous years or 3 years out of a continuous period of 5 years in the practice of a solicitor in Singapore; or
(c)	has been employed as a legal officer for not less than 3 continuous years or 3 years out of a continuous period of 5 years.

(2) The Council may, with the approval of the Minister, exempt a solicitor from subsection (1)(a) or shorten any period referred to in subsection (1)(b) and (c) if it is satisfied that the solicitor has gained substantial experience in law in Singapore or elsewhere.

(3) Subsection (1) shall not apply to a solicitor who practises in partnership with any solicitor who has been in active practice in Singapore for not less than 3 continuous years or 3 years out of a continuous period of 5 years.

(4) Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(5) For the purposes of this section and section 75D, “legal officer” includes a legal officer of the Inland Revenue Authority of Singapore or of such other statutory corporation as the Minister may prescribe.

Qualification to use title of consultant

75D.—(1) No solicitor shall take or use the title of consultant unless he has, for a period of not less than 10 years in the aggregate, been —

(a)	a solicitor in practice;
(b)	a legal officer;
(c)	a full-time member of the academic staff of the Faculty; or
(d)	holding any combination of occupations referred to in paragraphs (a), (b) and (c).

(2) Any solicitor who, immediately before the date of commencement of the Legal Profession (Amendment) Act 1996, has taken or used the title of consultant and who does not satisfy the requirements in subsection (1) shall be exempted from that subsection for a period of one month from that date.

(3) Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”.

Amendment of section 78

14. Section 78 of the principal Act is amended —

(a)

by deleting the word “; or” at the end of subsection (1)(f) and substituting a full-stop;

(b)

by deleting paragraph (g) of subsection (1);

(c)

by deleting subsection (2) and substituting the following subsections:

“(2) No solicitor shall in connection with his practice as such, without the consent of the Attorney-General, employ or remunerate any person who to his knowledge had been employed as a public officer.

(2A) Subsection (2) shall not apply to any public officer who is an advocate and solicitor or a qualified person or in respect of whom the consent of the court or the Attorney-General had previously been obtained under subsection (1) or (2), as the case may be.”; and

(d)

by deleting the words “to (g)” in the fourth line of subsection (6)(a) and substituting the words “to (f) and had not been employed as a public officer”.

Amendment of Schedule

15. The Schedule to the principal Act is amended —

(a)

by deleting the words “THE SCHEDULE” in the first line and substituting the words “FIRST SCHEDULE”; and

(b)

by inserting, immediately after sub-paragraph (2) of paragraph 7, the following sub-paragraphs:

“(3) Any moneys paid into a special account under sub-paragraph (1) which have not been claimed for a period of 6 years shall be paid by the Society into the Compensation Fund maintained under section 75.

(4) If any claimant makes any demand against the Society for any amount of unclaimed moneys paid into the Compensation Fund under sub-paragraph (3), the Society may pay that amount free of interest to the claimant out of the Compensation Fund.”.

New Second Schedule

16. The principal Act is amended by inserting, immediately after the First Schedule, the following Schedule:

“SECOND SCHEDULE

Section 75B.

Inadequate Professional Services

Circumstances in which Council’s powers may be exercised

1.—(1) The Council may take any of the steps mentioned in paragraph 2 (referred to in this Schedule as the steps) with respect to a solicitor where it appears to the Council that the professional services provided by him in connection with any matter in which he or his firm has been instructed by a client have, in any respect, not been of the quality which it is reasonable to expect of him as a solicitor.

(2) The Council shall not take any of the steps unless it is satisfied that, in all the circumstances of the case, it is appropriate to do so.

(3) In determining in any case whether it is appropriate to take any of the steps, the Council may —

(a)	have regard to the existence of any remedy which it is reasonable to expect to be available to the client in civil proceedings; and
(b)	where proceedings seeking any such remedy have not been begun by the client, have regard to whether it is reasonable to expect the client to begin them.

Directions which may be given

2.—(1) The steps are —

(a)	determining that the costs to which the solicitor is entitled in respect of his services (referred to in this Schedule as the costs) are to be limited to such amount as may be specified in the determination and directing him to comply, or to secure compliance, with such one or more of the permitted requirements as appear to the Council to be necessary in order for effect to be given to the Council’s determination;
(b)	directing him to secure the rectification, at his expense or at that of his firm, of any such error, omission or other deficiency arising in connection with the matter in question as the Council may specify;
(c)	directing him to pay such compensation to the client as the Council sees fit to specify in the direction;
(d)	directing him to take, at his expense or at that of his firm, such other action in the interests of the client as the Council may specify.

(2) The permitted requirements referred to in sub-paragraph (1) (a) are —

(a)	that the whole or part of any amount already paid by or on behalf of the client in respect of the costs be refunded;
(b)	that the whole or part of the costs be remitted;
(c)	that the right to recover the costs be waived, whether wholly or to any specified extent.

(3) The power of the Council to take any such steps is not confined to cases where the client may have a cause of action against the solicitor for negligence.

Compensation

3.—(1) The amount specified in a direction by virtue of paragraph 2(1) (c) shall not exceed $10,000.

(2) The Chief Justice may, by order published in the Gazette, amend sub-paragraph (1) by substituting for the sum of $10,000 such other sum as he considers appropriate.

(3) Before making any such order, the Chief Justice shall consult the Society.

Taxation of costs

4.—(1) Where the Council has given a direction under paragraph 2(1) (a), then —

(a)	for the purposes of any taxation of a bill covering the costs, the amount charged by the bill in respect of them shall be deemed to be limited to the amount specified in the determination; and
(b)	where a bill covering the costs has not been taxed, the client shall, for the purposes of their recovery (by whatever means and notwithstanding any statutory provision or agreement) be deemed to be liable to pay in respect of them only the amount specified in the determination.

(2) Where a bill covering the costs has been taxed, the direction shall, so far as it relates to the costs, cease to have effect.

Failure to comply with direction

5.—(1) If a solicitor fails to comply with a direction given under this Schedule, any person may make a complaint in respect of that failure to a judge; but no other proceedings whatever shall be brought in respect of it except pursuant to an order made under sub-paragraph (2).

(2) On the hearing of such a complaint, the judge may, if he thinks fit, direct that the direction be treated, for the purpose of enforcement, as if it were contained in an order made by the High Court.

Fees

6.—(1) The Council may, by rules made with the concurrence of the Chief Justice, make provision for the payment, by any client with respect to whom the Council is asked to consider whether to take any of the steps, of such fee as may be prescribed.

(2) The rules may provide for the exemption of such classes of client as may be prescribed.

(3) Where a client pays the prescribed fee, it shall be repaid to him if the Council takes any of the steps in the matter with respect to which the fee was paid.

Costs

7. Where the Council takes any of the steps with respect to a solicitor, the Council may also direct him to pay to the Council —

(a)	the amount of the fee payable by the Council to the client under paragraph 6(3); and
(b)	an amount which is calculated by the Council as the cost to it of dealing with the complaint, or which in its opinion represents a reasonable contribution towards that cost.

Duty of judge

8. Where a judge —

(a)	is considering, or has considered, an application or complaint with respect to a solicitor under this Schedule; and
(b)	is of the opinion that the Council should consider whether to take any of the steps with respect to that solicitor,

he shall inform the Council.

Powers of Society to examine documents in connection with complaints

9.—(1) Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to the Society relating to the quality of any professional services provided by a solicitor, the Society may give notice to the solicitor or his firm requiring the production or delivery to any person appointed by the Society, at a time and place to be fixed by the Society, of all documents in the possession of the solicitor or his firm in connection with the matters to which the complaint relates (whether or not they relate also to other matters).

(2) Sub-paragraphs (2) to (12) of paragraph 9 and paragraphs 11 to 15 of the First Schedule shall apply in relation to the powers conferred by sub-paragraph (1) as they apply in relation to the powers conferred by paragraph 9(1) of that Schedule and accordingly in those provisions —

(a)	any reference to a person appointed, or to a requirement, under that sub-paragraph shall be construed as including a reference to a person appointed, or to a requirement, under sub-paragraph (1); and
(b)	any reference to any such documents as are mentioned in that sub-paragraph shall be construed as including a reference to any such documents as are mentioned in sub-paragraph (1).

Exercise of powers by Council

10. The powers of the Council under this Schedule are exercisable in relation to a person even though his name has been removed from, or struck off, the roll and references to a solicitor in this Schedule, so far as they relate to the exercise of those powers, shall be construed accordingly.

Rules

11. The Council may, with the concurrence of the Chief Justice, make rules to give full effect to or to carry out the purposes of the provisions of this Schedule.”.

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