Legal Profession (Amendment) Bill

Bill No. 3/1991

Read the first time on 3rd January 1991.

An Act to amend the Legal Profession Act (Chapter 161 of the 1990 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 1991 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 13

2. Section 13 of the Legal Profession Act (referred to in this Act as the principal Act) is amended by deleting subsection (2) and substituting the following subsection:

“(2) Subject to this section and section 14, the prescribed period of pupillage shall be 6 months.”.

Amendment of section 14

3. Section 14 of the principal Act is amended —

(a)

by deleting paragraphs (a) and (b) of subsection (1) and substituting the following paragraphs:

“(a)	with an advocate and solicitor in active practice in Singapore of not less than 5 years’ standing who for a total of not less than 5 out of the 7 years immediately preceding the relevant date has been in such practice or has been a legal officer or both;
(b)	with any legal officer in Singapore who is an advocate and solicitor of not less than 5 years’ standing who for 5 out of the 7 years immediately preceding the relevant date has been a legal officer or has been in active practice in Singapore or both; or”; and

(b)

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

“(2) In any case where subsection (1)(c) applies, pupillage with a legal officer shall be counted as equal to pupillage with an advocate and solicitor.”.

Amendment of section 21

4. Section 21 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(1) Notwithstanding anything to the contrary in this Act, the court may, for the purpose of any one case where the court is satisfied that it is of sufficient difficulty and complexity and having regard to the circumstances of the case, admit to practise as an advocate and solicitor any person who —

(a)	holds Her Majesty’s Patent as Queen’s Counsel;
(b)	does not ordinarily reside in Singapore or Malaysia but who has come or intends to come to Singapore for the purpose of appearing in the case; and
(c)	has special qualifications or experience for the purpose of the case.”.

Amendment of section 25

5. Section 25 (1) of the principal Act is amended by deleting paragraph (b) and substituting the following paragraph:

“(b)

a certificate from the Council or such other evidence as the Registrar may require that —

(i)	he is not in arrears in respect of any contribution to the Compensation Fund, subscription or levy lawfully due to the Society under the provisions of this Act;
(ii)	he has paid all the contributions and subscriptions payable prior to the issue of a practising certificate pursuant to sections 46 and 75; and
(iii)	he has complied with or is exempt from the rules relating to professional indemnity made under section 75A;”.

Amendment of section 26

6. Section 26 of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:

“(1A) Notwithstanding anything in subsection (1), any solicitor who has held office as a judge of the Supreme Court for a period of 3 years or more shall on application be issued a practising certificate enabling him to practise as a solicitor, but without the right of audience in any court of justice in Singapore.”.

New section 75A

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

“Professional indemnity

75A.—(1) The Council may make rules concerning indemnity against loss arising from claims in respect of civil liability incurred —

(a)	by an advocate and solicitor or former advocate and solicitor in connection with his practice or with any trust of which he is or formerly was a trustee; and
(b)	by an employee or former employee of an advocate and solicitor or former advocate and solicitor in connection with that advocate and solicitor’s practice or with any trust of which that advocate and solicitor or the employee is or formerly was a trustee.

(2) For the purposes of providing such indemnity, such rules may —

(a)	authorise or require the Society to establish and maintain one or more funds;
(b)	authorise or require the Society to take out and maintain insurance with authorised insurers; or
(c)	require all advocates and solicitors making application for a practising certificate to take out and maintain insurance with authorised insurers.

(3) Without prejudice to the generality of subsections (1) and (2), such rules may —

(a)	specify the terms and conditions on which indemnity is to be available, and any circumstances in which the right to it is to be excluded or modified;
(b)	provide for the management, administration and protection of any fund maintained by virtue of subsection (2)(a) and require all advocates and solicitors who have in force practising certificates to make payment to any such fund;
(c)	require all advocates and solicitors who have in force practising certificates to make payments by way of premium on any insurance policy maintained by the Society by virtue of subsection (2)(b);
(d)	prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (2)(c);
(e)	authorise the Council to determine the amount of any premiums or payments required by such rules, subject to such limits, or in accordance with such provisions, as may be prescribed by those rules;
(f)	specify circumstances in which, where an advocate and solicitor for whom indemnity is provided has failed to comply with such rules or to make payment for such indemnity, the Society or the insurers may take proceedings against him in respect of sums paid by way of indemnity in connection with a matter in relation to which he has failed to comply;
(g)	specify the circumstances in which advocates and solicitors are exempt from such rules; and
(h)	empower the Council to take such steps as it considers necessary or expedient to ascertain whether or not the rules are being complied with.

(4) Rules made under this section shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other judges before giving his approval.

(5) The Society shall have power to carry into effect any arrangements which it considers necessary or expedient for the purpose of providing indemnity under this section.

(6) Nothing in this section shall affect the right of any advocate and solicitor, in addition to the indemnity provided in rules made under this section, to insure himself further against loss arising from such claims as may be instituted against him.”.

Amendment of section 79

8. Section 79 of the principal Act is amended —

(a)	by deleting the words “same transaction” in the fifth line of subsection (1) and substituting the words “sale of any immovable property developed under the same housing development”; and
(b)	by deleting the word “that” in the sixth line of subsection (1) and substituting the word “the”.

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