Legal Profession (Amendment) Bill

Bill No. 17/2004

Read the first time on 19th May 2004.

An Act to amend the Legal Profession Act (Chapter 161 of the 2001 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. This Act may be cited as the Legal Profession (Amendment) Act 2004 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

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

(a)

by inserting, immediately after the definition of “legal officer” in subsection (1), the following definition:

“ “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 or solicitors practising on their own account;”; and

(b)

by inserting, immediately after subsection (3), the following subsections:

“(4) References to an employee of a solicitor or law firm or law corporation shall be construed to include a locum solicitor engaged by the solicitor or law firm or law corporation, and references to being employed by a solicitor or law firm or law corporation shall be construed accordingly, in the following provisions:

(a)	sections 78, 81D, 81E, 81F and 81H;
(b)	the definition of “specified person” in section 79(2);
(c)	paragraphs 1(1)(a)(ii) and 5 (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.”.

Amendment of section 25

3. Section 25 of the principal Act is amended —

(a)

by inserting, immediately after subsection (2), the following subsection:

“(2A) A practising certificate issued under subsection (2) shall not authorise a solicitor to practise as a locum solicitor unless the practising certificate was issued pursuant to an application by the solicitor in accordance with any rules made under this section relating to practising certificates to practise as a locum solicitor.”; and

(b)

by deleting subsection (7) and substituting the following subsection:

“(7) Subject to the provisions of this Act, the Council may make rules regulating the issue of practising certificates, including (in relation to practising certificates to practise as locum solicitors) rules specifying all or any of the following:

(a)	any modification to subsection (1), including any provision requiring a solicitor applying for such a practising certificate to give any undertaking relating to his practice;
(b)	any condition that shall apply to such a practising certificate, including conditions relating to the handling of client’s money by the solicitor and the supervision of the solicitor;
(c)	any training that the solicitor must complete for the purposes of section 26(1A)(b) and the time within which such training must be completed.”.

Amendment of section 26

4. Section 26 of the principal Act is amended

(a)

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

“(ca)

unless he is practising or intends to practise as a locum solicitor;”;

(b)

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

“(1A) No solicitor shall apply for a practising certificate to practise as a locum solicitor unless he is a citizen or a permanent resident of Singapore, and in the period of 5 years immediately preceding the application —

(a)

has, for a period of not less than 3 years in the aggregate —

(i)	practised as a solicitor on his own account or in partnership or as a director of a law corporation or an employee of a law firm or a law corporation; or
(ii)	been employed as a legal officer; or

(b)

has completed such training within such time as the Council may by rules under section 25 prescribe.”;

(c)

by deleting the word “or” at the end of paragraph (a) of subsection (9); and

(d)

by deleting the full stop at the end of paragraph (b) of subsection (9) and substituting the words “; or”, and by inserting immediately thereafter the following paragraph:

“(c)	when the Registrar subsequently issues another practising certificate to the solicitor.”.

Amendment of section 34

5. Section 34 of the principal Act is amended by deleting paragraph (g).

Repeal and re-enactment of section 35

6. Section 35 of the principal Act is repealed and the following section substituted therefor:

“Sections 32 and 33 not to extend to arbitration proceedings

35.—(1) Sections 32 and 33 shall 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 (Cap. 10) or the International Arbitration Act (Cap. 143A); or
(b)	would have been governed by either the Arbitration Act or the International Arbitration Act had the place of arbitration been Singapore.”.

Amendment of section 73

7. Section 73 of the principal Act is amended by inserting, immediately after subsection (7), the following subsection:

“(8) This section shall not apply to a solicitor who applies for a practising certificate to practise as a locum solicitor.”.

Amendment of section 81F

8. Section 81F of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:

“(4) Subsection (3) shall not prevent a locum solicitor engaged by a law corporation from concurrently practising as a locum solicitor in another law corporation or law firm.”.

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