No. S 410
Legal Profession Act
(Chapter 161)
Legal Profession (Professional Conduct) (Amendment) Rules 2001
In exercise of the powers conferred by section 71 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 2001 and shall come into operation on 1st September 2001.
Amendment of rule 3
2.  Rule 3 of the Legal Profession (Professional Conduct) Rules (R 1) (referred to in these Rules as the principal Rules) is amended by deleting the words “ “firm” means” in the definition of “firm” and substituting the words “ “law firm” means”.
Amendment of rule 5
3.  Rule 5 of the principal Rules is amended —
(a)by deleting the words “firm of advocates and solicitors in Singapore” and substituting the words “law firm or law corporation”; and
(b)by deleting the word “firm” in the rule heading and substituting the words “law firm or law corporation”.
New rules 11A and 11B
4.  The principal Rules are amended by inserting, immediately after rule 11, the following rules:
Touting and referrals
11A.—(1)  An advocate and solicitor, a law firm or a law corporation shall not tout for business or do anything which is likely to lead to the reasonable inference that it is done for the purpose of touting.
(2)  Without prejudice to the generality of paragraph (1), where there is reason to believe that a client is referred to an advocate and solicitor, a law firm or a law corporation by a third party, the advocate and solicitor, law firm or law corporation, as the case may be, shall —
(a)maintain the independence and integrity of the profession and not permit the referror to undermine the professional independence of the advocate and solicitor, law firm or law corporation;
(b)not reward the referror by the payment of commission or any other form of consideration;
(c)not allow the referral in any way to affect the advice given to such client;
(d)advise the clients impartially and independently and ensure that the wish to avoid offending the referror does not in any way affect the advice given to such clients;
(e)ensure that the referror does not in any way influence any decision taken in relation to the nature, style or extent of the practice of the advocate and solicitor, law firm or law corporation; and
(f)communicate directly with the client to obtain or confirm instructions in the process of providing advice and at all appropriate stages of the transaction.
Agreement for referrals
11B.—(1)  In addition to rule 11A, when an advocate and solicitor, a law firm or a law corporation enters into agreements for referrals of conveyancing services, the advocate and solicitor, law firm or law corporation, as the case may be, shall ensure that the agreement is made in writing and contains the following terms:
(a)the referror undertakes in such an agreement to comply with these Rules and the Legal Profession (Publicity) Rules (R 13);
(b)the advocate and solicitor, law firm or law corporation shall be entitled to terminate the agreement forthwith if there is reason to believe that the referror is in breach of any of the terms of the agreement;
(c)any publicity of the referror (whether written or otherwise), which makes reference to any service that may be provided by the advocate and solicitor, law firm or law corporation, must not suggest any of the following:
(i)that the conveyancing service is free;
(ii)that different charges for the conveyancing services would be made according to whether or not the client instructs the particular advocate and solicitor, law firm or law corporation; or
(iii)that the availability or price of other services offered by the referror or any party related to the referror are conditional on the client instructing the advocate and solicitor, law firm or law corporation; and
(d)the referror must not do anything to impair the right of the client not to appoint the advocate and solicitor, law firm or law corporation or in any way influence the right of the client to appoint the advocate and solicitor, law firm or law corporation of his choice.
(2)  The advocate and solicitor, law firm or law corporation, as the case may be, must forthwith terminate the agreement if the referror is in breach of any term referred to in paragraph (1) or if there is reason to believe that the advocate and solicitor, law firm or law corporation is in breach of such term.
(3)  Where the advocate and solicitor, law firm or law corporation has terminated an agreement under paragraph (2), the advocate and solicitor, law firm or law corporation, as the case may be, may continue to act in matters the advocate and solicitor, law firm or law corporation was instructed prior to the termination but should not accept any further referrals from the referror.”.
Amendment of rule 25
5.  Rule 25 of the principal Rules is amended by inserting, immediately after paragraph (a), the following paragraph:
(aa)where the advocate and solicitor is a director or an employee of a law corporation, any interest of the law corporation;”.
Amendment of rule 26
6.  Rule 26 of the principal Rules is amended by inserting, immediately after the word “family” in the 2nd line, the words “or any law corporation of which the advocate and solicitor is a director or an employee”.
Amendment of rule 27
7.  Rule 27 of the principal Rules is amended by inserting, immediately after the word “family” in the 2nd line, the words “or where the interest of any law corporation, of which the advocate and solicitor is a director or an employee, or of any of its directors or employees”.
Amendment of rule 29
8.  The principal Rules is amended by renumbering rule 29 as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:
(2)  Where an advocate and solicitor or any solicitor practising in the same law corporation as the advocate and solicitor has acted for more than one party in the preparation of a document creating rights and obligations between them and a dispute in relation to the matter has arisen between them where the enforceability of the document is in dispute, or where the dispute is such that the advocate and solicitor is likely to be in conflict, the advocate and solicitor or any solicitor practising in the same law corporation shall not act for any party to the transaction in relation to that dispute.”.
Amendment of rule 30
9.  Rule 30 (1) of the principal Rules is amended by deleting the word “firm” and substituting the words “law firm or any director or employee of the law corporation of which the advocate and solicitor is a director or an employee”.
Amendment of rule 31
10.  Rule 31 of the principal Rules is amended —
(a)by inserting, immediately after the word “firm” in paragraph (2)(a), the words “or law corporation”;
(b)by deleting paragraph (2)(b); and
(c)by inserting, immediately after paragraph (2), the following paragraphs:
(3)  Paragraph (1) shall apply even where the advocate and solicitor concerned becomes a member of a different law firm or law corporation.
(4)  Nothing herein shall preclude a law firm or law corporation from acting against a party in a matter provided that —
(a)the law firm or law corporation has not previously acted for the party (or for persons who were involved in or associated with the party in that matter) in the same or any related matter; and
(b)any advocate and solicitor of the law firm or law corporation who has previously acted for the party in the same or related matter neither acts nor is involved in that matter or related matter in any way whatsoever and does not otherwise disclose any confidential information relating to the matter or the party to any other member of the law firm or law corporation.”.
Amendment of rule 32
11.  Rule 32 of the principal Rules is amended by inserting, immediately after the word “employees” in paragraph (a) of the definition of “associated party”, the words “or, in the case of a law corporation, of any of its directors or employees”.
Deletion and substitution of rule 43
12.  Rule 43 of the principal Rules is deleted and the following rule substituted therefor:
Fees chargeable in conflict situation
43.  Where through conflict of interest, an advocate and solicitor has recommended to a client that the client seek alternative legal representation, the advocate and solicitor may charge only for those items which clearly need not be duplicated by the alternative advocate and solicitor.”.
Amendment of rule 44
13.  Rule 44 of the principal Rules is amended by deleting the word “firm” in paragraph (1) and in the rule heading and substituting in each case the words “law firm or law corporation”.
Deletion and substitution of rule 46
14.  Rule 46 of the principal Rules is deleted and the following rule substituted therefor:
Gift by will or inter vivos from client
46.  Where a client intends to make a significant gift by will or inter vivos, or in any other manner, to —
(a)an advocate and solicitor acting for him;
(b)any member of the law firm of the advocate and solicitor;
(c)any member, director or employee of the law corporation of the advocate and solicitor; or
(d)any member of the family of the advocate and solicitor,
the advocate and solicitor shall not act for the client and shall advise the client to be independently advised in respect of the gift.”.
Deletion and substitution of rule 52
15.  The principal Rules are amended by deleting rule 52 and substituting the following rule:
Responsibility for fees
52.—(1)  Except where otherwise agreed, an advocate and solicitor, a law firm or a law corporation, as the case may be, who instructs another advocate and solicitor, law firm or law corporation shall be responsible for the payment of the latter’s fees.
(2)  This rule shall also apply where the advocate and solicitor, law firm or law corporation instructs a lawyer in such other jurisdiction which recognises a reciprocal responsibility for the payment of the fees of an advocate and solicitor, a law firm or a law corporation.”.
New rule 53A
16.  The principal Rules are amended by inserting, immediately after rule 53, the following rule:
Relations with third parties
53A.  An advocate and solicitor shall not take unfair advantage of any person or act towards anyone in a way which is fraudulent, deceitful or otherwise contrary to his position as advocate and solicitor or officer of the Court.”.
Amendment of rule 62
17.  Rule 62 (2) of the principal Rules is amended by deleting the word “firm” and substituting the words “law firm or a law corporation of which he is a director or an employee”.
Deletion and substitution of rule 70
18.  The principal Rules are amended by deleting rule 70 and substituting the following rule:
Entering judgment by default
70.—(1)  An advocate and solicitor shall not enter judgment by default pursuant to the Rules of Court (Cap. 322, R5) against any other party who is on record represented by another advocate and solicitor, or take any advantage of any delay in filing pleadings unless written notice of his intention to do so has been given to the other advocate and solicitor and 2 working days have elapsed after service of such notice.
(2)  Any notice under paragraph (1) given on a working day after 4.00 p.m. or on a day other than a working day shall be deemed to have been given on the next working day.
(3)  This Rule shall not operate to extend the time stipulated by any Order of Court for any action or step to be taken and no notice need to be given under this Rule before any action or step is taken upon any failure to comply with any such Order of Court.
(4)  In this rule, “working day” means any day other than a Saturday, Sunday or public holiday.”.

Made this 27th day of August 2001.

PALAKRISHNAN
President,
Council of the Law Society of
Singapore.
[LS/44/2001/YD/jl; AG/LEG/SL/161/97/2 Vol. 2]
(To be presented to Parliament under section 131 of the Legal Profession Act).