PART 2 | RULES APPLICABLE TO PRACTICE OF LAW IN SINGAPORE |
| Division 1 — Relationship with client |
| Honesty, competence and diligence |
5.—(1) The following principles guide the interpretation of this rule. | | (a) | The relationship between a legal practitioner and his or her client imports a duty to be honest in all dealings with the client. |
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| | (b) | A legal practitioner must have the requisite knowledge, skill and experience to provide competent advice and representation to his or her client. |
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| | (c) | A legal practitioner has a duty to be diligent in the advice and information given to his or her client, and in the manner the legal practitioner represents the client. |
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(2) A legal practitioner must —| (a) | be honest in all the legal practitioner’s dealings with his or her client; | | (b) | when advising the client, inform the client of all information known to the legal practitioner that may reasonably affect the interests of the client in the matter, other than —| (i) | any information that the legal practitioner is precluded, by any overriding duty of confidentiality, from disclosing to the client; and | | (ii) | any information that the client has agreed in writing need not be disclosed to the client; |
| | (c) | act with reasonable diligence and competence in the provision of services to the client; | | (d) | ensure that the legal practitioner has the relevant knowledge, skills and attributes required for each matter undertaken on behalf of the client, and apply the knowledge, skills and attributes in a manner appropriate to that matter; | | (e) | keep the client reasonably informed of the progress of the client’s matter; | | (f) | where practicable, promptly respond to the client’s communications; | | (g) | keep appointments with the client; | | (h) | provide timely advice to the client; | | (i) | follow all lawful, proper and reasonable instructions that the client is competent to give; | | (j) | use all legal means to advance the client’s interests, to the extent that the legal practitioner may reasonably be expected to do so; and | | (k) | keep proper contemporaneous records of all instructions received from, and all advice rendered to, the client. |
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| (3) The circumstances, nature and terms of engagement of a legal practitioner by his or her client are to be taken into account when considering whether the legal practitioner has complied with paragraph (2). |
| (4) A legal practitioner must, as far as reasonably possible, continue to act for his or her client in the client’s best interests, after the client’s ability to make any decision is impaired because of any mental disability or for any other reason. |
(5) When a legal practitioner is given instructions purportedly on behalf of his or her client, the legal practitioner must —| (a) | ensure that the person giving those instructions has the authority to give those instructions on behalf of the client; or | | (b) | if there is no evidence of such authority, obtain the client’s confirmation of those instructions within a reasonable time after receiving those instructions. |
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6.—(1) The following principle guides the interpretation of this rule. | | A legal practitioner’s duty to act in the best interests of the legal practitioner’s client includes a responsibility to maintain the confidentiality of any information which the legal practitioner acquires in the course of the legal practitioner’s professional work. |
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(2) Subject to paragraph (3) and any rules made under section 136, 150 or 166 of the Act, a legal practitioner must not knowingly disclose any information which —| (a) | is confidential to his or her client; and | | (b) | is acquired by the legal practitioner (whether from the client or from any other person) in the course of the legal practitioner’s engagement. |
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(3) A legal practitioner may disclose any information referred to in paragraph (2), if —| (a) | the client referred to in paragraph (2) authorises the disclosure; | | (b) | the legal practitioner is permitted or is required by law, by an order of court, or by a tribunal to make the disclosure; | | (c) | the legal practitioner discloses the information in confidence, for the sole purpose of obtaining advice in connection with the legal practitioner’s legal or ethical obligations; | | (d) | the legal practitioner discloses the information in confidence to a provider or broker of the legal practitioner’s professional indemnity insurance, in connection with any claim or potential claim, or any complaint or potential complaint, by any person against the legal practitioner; or | | (e) | the legal practitioner discloses the information for the sole purpose of responding to or defending any charge or complaint, relating to the legal practitioner’s conduct or professional behaviour, brought against the legal practitioner in court, before a Review Committee, an Inquiry Committee or a Disciplinary Tribunal, before a complaints committee appointed under section 36S(5) of the Act, or before any relevant professional disciplinary body of a state or territory (other than Singapore) in which the legal practitioner is duly authorised or registered to practise law. |
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| Division 2 — Relationship with other legal practitioners |
| Responsibilities of legal practitioners to each other |
7.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner must always accord to another legal practitioner the proper respect due to the latter as a member of a noble and honourable profession. |
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| | (b) | A legal practitioner must deal with another legal practitioner in good faith and in a manner which is dignified and courteous, so that the matters on which they have been instructed can be properly and satisfactorily concluded or resolved in the best interests of their respective clients. |
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| | (c) | A legal practitioner must not deal with another legal practitioner in any manner that may adversely affect the reputation and good standing of the legal profession or the practice of law in Singapore. |
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| (2) A legal practitioner must treat other legal practitioners with courtesy and fairness. |
(3) A legal practitioner (A) must not communicate, about a matter in respect of which A represents a client, with any person whom A knows to be represented in the matter by another legal practitioner (B) unless —| (a) | A has the prior consent (whether express or implied) of B to communicate directly with that person; | | (b) | both of the following apply:| (i) | there is a reasonable basis for A to communicate directly with that person; | | (ii) | prior to the communication, A has taken reasonable steps to notify B of A’s intention to communicate directly with that person, but B does not respond within a reasonable time after A’s notification; |
| | (c) | the interests of A’s client will be severely prejudiced if the communication is delayed; or | | (d) | A is authorised to communicate directly with that person by law or by an order of a court or tribunal. |
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| (4) A legal practitioner (A) may give a second opinion to a client of another legal practitioner (B), with or without the knowledge of B, but must not improperly seek to influence the client to terminate the relationship between the client and B. |
| (5) A legal practitioner who appoints another legal practitioner must pay or ensure the payment of the latter’s fees, unless both legal practitioners agree otherwise. |
| (6) A legal practitioner must honour every undertaking the legal practitioner gives to another legal practitioner. |
(7) A legal practitioner (A) must not give an undertaking to another legal practitioner unless —| (a) | A believes that the undertaking is necessary; and | | (b) | A knows (when giving the undertaking) that A is able to honour the undertaking. |
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| (8) A legal practitioner may ask another legal practitioner (B) whether B has the authority to act for a person. |
| (9) A legal practitioner (A) must accept a written representation by another legal practitioner (B) that B is authorised to act for a person, unless A has good reason for suspecting that the representation is false. |
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| Division 3 — Responsibilities to other persons |
| Conduct in relation to other persons |
8.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner who deals with any person must, regardless of whether that person is involved in any matter with which the legal practitioner is concerned, be honest and courteous, and behave in a manner befitting the legal practitioner’s professional standing. |
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| | (b) | A legal practitioner must behave in a manner consistent with the public interest. |
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| | (c) | A legal practitioner must treat with fairness any person who is not represented by another legal practitioner. |
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(2) A legal practitioner (A), when dealing on behalf of his or her client with any person who is not represented by another legal practitioner —| (a) | must decline to give to the person any legal advice (other than advice to obtain independent legal advice), if A knows or ought reasonably to know that the interests of the person are adverse, or potentially adverse, to the interests of A’s client; and | | (b) | must take reasonable steps to ensure that the person is not under the impression that the person’s interests are protected by A. |
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(3) A legal practitioner —| (a) | must not take unfair advantage of any person; and | | (b) | must not act towards any person in a way which is fraudulent, deceitful or otherwise contrary to the legal practitioner’s position as a member of an honourable profession. |
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| (4) When a legal practitioner issues a letter of demand, the legal practitioner must not demand in the letter anything that is not recoverable by due process of law. |
| (5) Where any civil claim made against a person, by a client of a legal practitioner, remains unsatisfied, the legal practitioner must not threaten the institution of any criminal or disciplinary proceedings against the person. |
(6) A legal practitioner who has acted as a mediator in a mediation must not subsequently act for any party to the mediation in relation to —| (a) | the subject of the mediation; or | | (b) | any matter discussed during the mediation. |
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| Conduct of alternative dispute resolution process |
8A.—(1) A legal practitioner must always be respectful of the alternative dispute resolution process and the adjudicator, mediator or other person conducting the process.| (2) A legal practitioner must always be courteous in the conduct or presentation of his or her client’s case in an alternative dispute resolution process. |
| (3) A legal practitioner must act in good faith throughout the alternative dispute resolution process. |
| (4) A legal practitioner must not knowingly mislead or attempt to mislead in any way an adjudicator, a mediator or other person conducting the alternative dispute resolution process. |
| (5) A legal practitioner must not knowingly assist or permit his or her client to mislead an adjudicator, a mediator or other person conducting the alternative dispute resolution process. |
[S 69/2017 wef 01/03/2017] |
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