Legal Profession (Professional Conduct) (Amendment) Rules 2012

No. S 247

Legal Profession Act

(CHAPTER 161)

Legal Profession
(Professional Conduct) (Amendment)
Rules 2012

In exercise of the powers conferred by section 71(1) of the Legal Profession Act, the Council of the Law Society of Singapore, with the approval of the Chief Justice, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Legal Profession (Professional Conduct) (Amendment) Rules 2012 and shall come into operation on 1st June 2012.

Amendment of rule 5

2. Rule 5 of the Legal Profession (Professional Conduct) Rules (R 1) (referred to in these Rules as the principal Rules) is amended —

(a)

by deleting the word “An” in paragraph (1) and substituting the words “Subject to this rule and any rules made under section 81N or 81ZB of the Act, an”;

(b)

by deleting the words “Notwithstanding paragraph (1), an” in paragraph (2) and substituting the word “An”; and

(c)

by inserting, immediately after paragraph (2), the following paragraphs:

“(3) An advocate and solicitor may practise concurrently in —

(a)	one law corporation; and
(b)	one other law practice that is related to the law corporation.

(4) No law corporation shall be related to more than one law practice.

(5) No law practice shall be related to more than one law corporation.

(6) For the purposes of paragraphs (3) and (4), a law corporation and a law firm (being a sole proprietorship) are related if —

(a)	every shareholder of the law corporation is the sole proprietor, a consultant or an employee of the law firm; and
(b)	every director, consultant or employee of the law corporation is the sole proprietor, a consultant or an employee of the law firm.

(7) For the purposes of paragraphs (3) and (4), a law corporation and a law firm (being a partnership of 2 or more solicitors) are related if —

(a)	every shareholder of the law corporation is a partner, a consultant or an employee of the law firm; and
(b)	every director, consultant or employee of the law corporation is a partner, a consultant or an employee of the law firm.

(8) For the purposes of paragraphs (3) and (4), a law corporation and a limited liability law partnership are related if —

(a)

either of the following applies:

(i)	the limited liability law partnership is the sole shareholder of the law corporation; or
(ii)	every shareholder of the law corporation is a partner, a consultant or an employee of the limited liability law partnership; and

(b)

every director, consultant or employee of the law corporation is a partner, a consultant or an employee of the limited liability law partnership.

(9) For the purposes of paragraphs (3) and (4), 2 law corporations are related if —

(a)

either of the following applies:

(i)

the first law corporation is the sole shareholder of the second law corporation; or

(ii)

every shareholder of the second law corporation is either or both of the following:

(A)	a shareholder of the first law corporation;
(B)	a director, a consultant or an employee of the first law corporation; and

(b)

every director, consultant or employee of the second law corporation is a director, a consultant or an employee of the first law corporation.”.

Amendment of rule 9

3. Rule 9 of the principal Rules is amended by deleting the word “unqualified” and substituting the word “unauthorised”.

Deletion and substitution of rule 11

4. Rule 11 of the principal Rules is deleted and the following rule substituted therefor:

“Executive appointment

11.—(1) An advocate and solicitor who practises in a law firm shall not accept any executive appointment in any company, other than a company of which each shareholder is the sole proprietor or a partner of the law firm.

(2) An advocate and solicitor who practises in a limited liability law partnership shall not accept any executive appointment in any company, other than a company of which each shareholder is —

(a)	the limited liability law partnership; or
(b)	a partner of the limited liability law partnership.

(3) An advocate and solicitor who practises in a law corporation shall not accept any executive appointment in any company, other than —

(a)

the law corporation; or

(b)

a company of which each shareholder is —

(i)	the law corporation; or
(ii)	a director and shareholder of the law corporation.”.

Amendment of rule 24

5. Rule 24(1) of the principal Rules is amended by deleting the word “An” and substituting the words “Subject to paragraph (2) and any rules made under section 81N or 81ZB of the Act, an”.

[G.N. No. S 393/2011]

Made this 24th day of May 2012.

LOK VI MING

Vice President,
Council of the Law Society of Singapore.

[LS/11/CLO.Gen/12-01/AC; AG/LLRD/SL/161/2010/2 Vol. 2]

(To be presented to Parliament under section 131 of the Legal Profession Act).

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