Professional Conduct Council and rules as to professional practice, etiquette, conduct and discipline, etc.
71.—(1) For the purposes of this section, there is to be a Professional Conduct Council consisting of —(a)
the Chief Justice, who is the Chairperson of the Professional Conduct Council;
(b)
the Attorney-General;
(c)
the president of the Society;
(d)
a Supreme Court Judge appointed by the Chief Justice for such period as the Chief Justice may specify in writing;
(e)
the Presiding Judge of the Family Justice Courts;
(f)
the Presiding Judge of the State Courts;
(g)
at least one but not more than 3 advocates and solicitors, each of whom is appointed by the Chief Justice for such period as the Chief Justice may specify in writing;
(h)
at least one but not more than 3 foreign lawyers, each of whom is registered under section 36B, 36C or 36D and is appointed by the Chief Justice for such period as the Chief Justice may specify in writing;
(i)
not more than 2 other persons, each (if any) of whom may be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; and
(j)
a person appointed by the Minister for such period as the Minister may specify in writing.[40/2014; 40/2019]
(2) The Professional Conduct Council may make rules for regulating —(a)
the professional practice, etiquette, conduct and discipline of every regulated legal practitioner and every person admitted under section 15;
(b)
the conduct and discipline of every regulated non‑practitioner; and
(c)
the management of every Singapore law practice, Joint Law Venture, Formal Law Alliance, Qualifying Foreign Law Practice and licensed foreign law practice.[40/2014]
(3) Without limiting subsection (2), the rules made under that subsection may —(a)
empower the Council to take any action that may be necessary to enable the Council to ascertain whether or not those rules are being complied with; and
(b)
empower the Director of Legal Services to take any action that may be necessary to enable him or her to ascertain whether or not any rules made under subsection (2)(c) are being complied with.[40/2014]
(4) Upon an application made by any person or entity specified in the following paragraphs, the Professional Conduct Council may exempt that person or entity from all or any, and from the whole or any part of any, of the requirements under the rules made under subsection (2), if the Professional Conduct Council is of the opinion that it is reasonable to do so:(a)
a regulated legal practitioner;
(b)
a person admitted under section 15;
(c)
a regulated non-practitioner;
(d)
a Singapore law practice;
(e)
a Joint Law Venture;
(f)
a Formal Law Alliance;
(g)
a Qualifying Foreign Law Practice;
(h)
a licensed foreign law practice.[40/2014]
(5) An exemption granted to a person or an entity under subsection (4) —(a)
may be subject to any conditions that the Professional Conduct Council may think fit to impose by written notice to the person or entity;
(b)
must be notified in writing to the person or entity; and
(c)
need not be published in the Gazette.[40/2014]
(6) The Professional Conduct Council may issue, in respect of any matter relating to the rules made under subsection (2), such practice directions, guidance notes and rulings as the Professional Conduct Council thinks appropriate.[40/2014]
(7) The rules made under subsection (2) prevail, to the extent of any inconsistency, over —(a)
any practice directions, guidance notes and rulings issued under subsection (6);
(b)
any rules made by the Council under section 59; and
(c)
any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society.[40/2014]
(8) The practice directions, guidance notes and rulings issued under subsection (6) prevail, to the extent of any inconsistency, over any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society.[40/2014]
(9) Except as provided under subsections (7) and (8), all practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society that have not been revoked by the Council or the Society (as the case may be) continue in force until they are revoked by the Council or the Society, as the case may be.[40/2014]
(10) The Professional Conduct Council may appoint one or more committees for such purposes of this section as, in the opinion of the Professional Conduct Council, may be better regulated or managed by means of a committee.[40/2014]
(11) A committee appointed under subsection (10) may include persons who are not members of the Professional Conduct Council.[40/2014]
(12) The Professional Conduct Council may delegate all or any of its functions and powers under subsections (4), (5) and (6) to any committee appointed under subsection (10).[40/2014]
(13) Every committee appointed under subsection (10) must report to the Professional Conduct Council.[40/2014]
(14) Disciplinary proceedings may be taken against any regulated legal practitioner, person admitted under section 15 or regulated non‑practitioner who contravenes any rules made under subsection (2).[40/2014]
(15) The Director of Legal Services may exercise the following powers against the following entities:(a)
the powers under section 133 against a law firm which contravenes any rules made under subsection (2)(c);
(b)
the powers under section 145 against a limited liability law partnership which contravenes any rules made under subsection (2)(c);
(c)
the powers under section 161 against a law corporation which contravenes any rules made under subsection (2)(c);
(d)
the powers under section 174 against a Joint Law Venture or Formal Law Alliance which contravenes any rules made under subsection (2)(c); and
(e)
the powers under section 175 against a Qualifying Foreign Law Practice or licensed foreign law practice which contravenes any rules made under subsection (2)(c).[40/2014]
Rules as to keeping of accounts by solicitors
72.—(1) The Council may make rules —(a)
as to the opening and keeping by solicitors of accounts at banks for clients’ money;
(b)
as to the keeping by solicitors of accounts containing particulars and information as to moneys received, held or paid by them for or on account of their clients;
(c)
as to the opening and keeping by every solicitor who is a sole trustee, or who is co‑trustee only with one or more of his or her partners, clerks or servants, of an account at a bank for moneys of any trust of which he or she is such a sole trustee or co‑trustee;
(d)
as to the keeping by every solicitor mentioned in paragraph (c) of accounts containing particulars and information as to moneys received, held or paid by him or her for or on account of any trust referred to in that paragraph;
(da)
as to the circumstances in which, and the manner by which, the Council may prohibit a solicitor from authorising or effecting any withdrawal of money from any account mentioned in paragraph (a) or (c), whether the withdrawal is authorised or effected by the solicitor signing any cheque or other instrument or otherwise; and
(e)
empowering the Council to take any action as may be necessary to enable them to ascertain whether or not the rules are being complied with.
(2) Any rules made under this section may provide for the manner in which the matters referred to in subsection (1) apply to law corporations or to limited liability law partnerships.[17/2011]
(2A) Any rules made under this section —(a)
subject to sections 36M and 184, apply only to Singapore law practices and solicitors practising therein; and
(b)
are subject to any rules made under section 73D of the Conveyancing and Law of Property Act 1886.[17/2011; 40/2014]
(3) Any rules made under this section come into operation only after they have been approved by the Chief Justice who may, if he or she thinks fit, consult any of the other Judges before giving his or her approval.[17/2011]
(4) Disciplinary proceedings may be taken against any solicitor who contravenes any rules made under this section.
Accountant’s report
73.—(1) Subject to subsection (1A), every solicitor must with every application made by him or her for a practising certificate, unless he or she satisfies the Council that owing to the circumstances of his or her case it is unnecessary to do so, deliver to the Registrar a report signed by an accountant (called in this section an accountant’s report) and must deliver a copy of the accountant’s report to the Society.
(1A) A solicitor is not required to deliver an accountant’s report under subsection (1) in respect of any practice of Singapore law by him or her in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.
(2) If a solicitor practised in a Singapore law practice during such accounting period as may be specified in the accountant’s report to be delivered by him or her, the report must —(a)
state that in compliance with this section and rules made thereunder the accountant has examined the books, accounts and documents of the Singapore law practice for that accounting period;
(b)
state whether or not the accountant is satisfied, from his or her examination of the books, accounts and documents produced to him or her and from the information and explanations given to him or her, that during the said accounting period the Singapore law practice has complied with any rules made under section 72(1)(a) and (b);
(c)
state, if the accountant is not satisfied as aforesaid, the matters in respect of which the accountant is not so satisfied;
(d)
contain such information as may be prescribed by rules made by the Council under this section; and
(e)
be delivered to the Society not more than 6 months (or such other period as may be prescribed by any rules made under this section) after the end of the said accounting period.
(3) Subject to any rules made under this section, the accounting period for the purposes of an accountant’s report —(a)
begins at the expiry of the last preceding accounting period for which an accountant’s report has been delivered;
(b)
covers not less than 12 months;
(c)
terminates not more than 12 months, or such shorter period as the said rules may prescribe, before the date of the delivery of the report to the Society; and
(d)
where possible, consistently with paragraphs (a), (b) and (c), corresponds to a period or consecutive periods for which the accounts of the Singapore law practice in which the solicitor practised are ordinarily made up.
(4) The Council shall make rules to give effect to this section, and the rules shall prescribe —(a)
what qualification must be held by an accountant by whom an accountant’s report may be given; and
(b)
the nature and extent of the examination to be made by an accountant, with a view to the signing of an accountant’s report to be delivered by a solicitor, of —(i)
the books and accounts of the Singapore law practice in which the solicitor practised; and
(ii)
any other relevant documents.
(5) Such rules may include provision for —(a)
permitting in such special circumstances as may be defined in the rules a different accounting period from that specified in subsection (3); and
(b)
regulating any matters of procedure or matters incidental, ancillary or supplemental to this section.
(6) Rules made under this section come into operation only after they have been approved by the Chief Justice who must consult the Attorney‑General and may, if he or she thinks fit, consult any of the other Judges before giving his or her approval.
(7) Disciplinary proceedings may be taken against any solicitor who fails to comply with this section or any rules made thereunder.
(8) This section does not apply to a solicitor who applies for a practising certificate to practise as a locum solicitor.
Intervention in solicitor’s practice
74.—(1) Subject to subsection (2), the powers conferred by Part 2 of the First Schedule are exercisable in the circumstances specified in Part 1 of that Schedule.
(2) The First Schedule applies, with such modifications as may be prescribed under subsection (3), to —(a)
a foreign lawyer registered under section 36B, in respect of the foreign lawyer’s practice of Singapore law; and
(b)
a solicitor registered under section 36E, in respect of the solicitor’s practice of Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.[8/2011; 40/2014]
(3) The Minister may make rules to prescribe the modifications to be made to the First Schedule for the purposes of subsection (2).[40/2014]
Compensation Fund
75.—(1) The Society must maintain and administer in accordance with this section a fund known as the Compensation Fund (called in this section the Fund).
(2) Every solicitor must, in each year when he or she makes an application for a practising certificate, pay to the Society a contribution of such sum not exceeding $200 as the Council may, from time to time, determine and the Society must pay that contribution to the Fund.[40/2014]
(3) A solicitor who applies for a practising certificate between 1 October in any year and 31 March in the next year is required to pay only half the contribution determined under subsection (2) if the practising certificate for which he or she proposes to make an application will remain in force for less than 6 months.
(3A) Every foreign lawyer who —(a)
is registered under section 36B; or
(b)
is granted an approval under section 176(1),
must, while his or her registration or approval continues in force, pay to the Society an annual contribution of such sum (not exceeding the amount applicable to solicitors under subsection (2)) as the Council may from time to time determine, and the Society must pay that contribution to the Fund.
[40/2014]
(3B) A foreign lawyer must pay the contribution required under subsection (3A) —(a)
if he or she is registered under section 36B, in each year not later than 14 days after the date of issue of his or her foreign practitioner certificate; or
(b)
if he or she is granted an approval under section 176(1), but is not registered under section 36B —(i)
not later than 14 days after the date of issue of a certificate of approval in respect of that approval; and
(ii)
in each subsequent year, not later than the anniversary of the date of issue of that certificate of approval.[8/2011; 3/2012; 40/2014]
(3C) [Deleted by Act 8 of 2011]
(3D) [Deleted by Act 8 of 2011]
(4) The Society may invest any moneys which form part of the Fund and are not immediately required for any other purposes.
(5) For the purposes of this section, the Society has all the powers vested in trustees under the law for the time being in force in Singapore.
(6) The Society may borrow for the purposes of the Fund from any lender and may charge any investments of the Fund by way of security for such a loan.
(7) The Society may insure with any person authorised by law to carry on insurance business within Singapore for such purpose and on such terms as the Society may consider expedient in relation to the Fund.
(8) There must be carried to the credit of the Fund —(a)
all annual contributions paid to the Society pursuant to subsection (2);
(b)
all interest, dividends and other income or accretions of capital arising from the investments of the Fund;
(c)
the proceeds of any realisation of any investments of the Fund;
(d)
all moneys borrowed for the purposes of the Fund;
(e)
all sums received by the Society under any insurance effected by the Society under subsection (7); and
(f)
any other moneys which may belong or accrue to the Fund or be received by the Council in respect thereof.
(9) All moneys from time to time forming part of the Fund and all investments of the Fund are to be applicable —(a)
for payment of any costs, charges and expenses of establishing, maintaining, administering and applying the Fund;
(b)
for payment of any costs, charges and expenses of the Council in ascertaining whether the rules made under section 72 have been complied with, pursuant to the powers given by those rules;
(c)
for payment of any premiums on insurances effected by the Society under subsection (7);
(d)
for repayment of any moneys borrowed by the Society and for payment of interest on any moneys so borrowed;
(e)
for payment of any grants which the Society may make under subsection (11); and
(f)
for payment of any other sums properly payable out of the Fund by virtue of this section.
(10) The Council may transfer from the Fund the whole or any part of the interest, dividends and other accretions of capital arising from the Fund —(a)
to any other fund of the Society for —(i)
the purpose of purchasing or maintaining a library for the use of the members of the Society; or
(ii)
such purposes as the Minister may specify by notification in the Gazette; or
(b)
to any wholly-owned subsidiary of the Society, for such purposes as the Minister may specify by notification in the Gazette.[22/2018]
(11) Where it is proved to the satisfaction of the Council that any person has sustained loss in consequence of dishonesty on the part of —(a)
any solicitor or employee of a solicitor in connection with that solicitor’s practice in Singapore as a solicitor or in connection with any trust in Singapore of which that solicitor is a trustee;
(b)
any officer or employee of a law corporation in connection with legal services performed in Singapore by the law corporation;
(c)
any partner, officer or employee of a limited liability law partnership in connection with legal services performed in Singapore by the limited liability law partnership; or
(d)
any foreign lawyer mentioned in subsection (3A) or employee of such a foreign lawyer in connection with that foreign lawyer’s practice in a Singapore law practice,
then subject to this section, the Society may, if the Council thinks fit, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.
(12) A grant may be made under this section whether or not the solicitor had in force a practising certificate when the act of dishonesty was committed and even though subsequent to the commission of that act the solicitor has died or had his or her name removed from or struck off the roll of advocates and solicitors or has ceased to practise or been suspended from practice or the law corporation or limited liability law partnership has wound up, as the case may be.[Act 37 of 2023 wef 17/07/2024]
(12A) A grant may be made under this section even though subsequent to the commission of that act of dishonesty the foreign lawyer has died or the registration or approval mentioned in subsection (3A) has been cancelled or suspended or has expired.
(13) On the making by the Society of any grant under this section to any person in respect of any loss —(a)
the Society is, to the amount of the grant, subrogated to any rights and remedies in respect of the loss of the person to whom the grant is made or of the solicitor, foreign lawyer, clerk or servant; and
(b)
the person to whom the grant is made has no right under bankruptcy or other legal proceedings or otherwise to receive any sum out of the assets of the solicitor, foreign lawyer, clerk or servant in respect of the loss until the Society has been reimbursed the full amount of its grant.
(14) References in subsection (13)(a) and (b) to the person to whom the grant is made or to the solicitor, foreign lawyer, clerk or servant include, in the event of his or her death, insolvency or other disability, references to his or her personal representative or any other person having authority to administer the estate.
(15) The Council may make rules with respect to the procedure to be followed in giving effect to this section and with respect to any matters incidental, ancillary or supplemental to these provisions or concerning the administration or protection of the Fund.
(16) A grant must not be made under this section in respect of any loss unless notice of the loss is received by the Society in such manner and within such time after the loss first came to the knowledge of the person sustaining the loss as may be prescribed by the rules.
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 a former advocate and solicitor in connection with his or her practice or with any trust of which he or she is or formerly was a trustee;
(b)
by an employee or a former employee of an advocate and solicitor or of a former advocate and solicitor in connection with the practice of that advocate and solicitor or with any trust of which that advocate and solicitor or the employee is or formerly was a trustee; and
(c)
by a law corporation or a limited liability law partnership in connection with legal services performed by it or with any trust of which it is a trustee.
(2) For the purposes of providing such indemnity, the 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 and all law corporations and limited liability law partnerships to take out and maintain insurance with authorised insurers.
(3) Without limiting subsections (1) and (2), the 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 and all law corporations and limited liability law partnerships to make payments to any such fund;
(c)
require all advocates and solicitors who have in force practising certificates and all law corporations and limited liability law partnerships 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 the 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 or a law corporation or a limited liability law partnership for whom indemnity is provided has failed to comply with the rules or to make payment for the indemnity, the Society or the insurers may take proceedings against the advocate and solicitor or the law corporation or the limited liability law partnership in respect of sums paid by way of indemnity in connection with a matter in relation to which the advocate and solicitor or the law corporation or the limited liability law partnership has failed to comply;
(g)
specify the circumstances in which advocates and solicitors or law corporations or limited liability law partnerships are exempt from the 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 come into operation only after they have been approved by the Chief Justice who may, if he or she thinks fit, consult any of the other Judges before giving his or her approval.
(5) The Society has 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 affects the right of any advocate and solicitor or law corporation or limited liability law partnership, in addition to the indemnity provided in rules made under this section, to insure himself or herself or the law corporation or the limited liability law partnership further against loss arising from any claims that may be instituted against him or her or the law corporation or the limited liability law partnership.
(7) Disciplinary proceedings may be taken against any advocate and solicitor who contravenes any rules made under this section.
Redress for inadequate professional services
75B.—(1) Subject to subsection (2), the Second Schedule has effect with respect to the provision by solicitors of services on or after 1 September 1998 which are not of the quality which it is reasonable to expect of them.
(2) The Second Schedule and any rules made under paragraph 11 of that Schedule apply, with such modifications as may be prescribed under subsection (3), to the provision, by a solicitor registered under section 36E, of services which —(a)
are rendered in connection with his or her practice of Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; and
(b)
are not of the quality which it is reasonable to expect of the solicitor.[40/2014]
(2A) The Second Schedule and any rules made under paragraph 11 of that Schedule apply, with such modifications as may be prescribed under subsection (3), to the provision, by a foreign lawyer registered under section 36B, of services which —(a)
are rendered in connection with his or her practice of Singapore law; and
(b)
are not of the quality which it is reasonable to expect of the foreign lawyer.[8/2011; 40/2014]
(3) The Minister may make rules to prescribe the modifications to be made to the Second Schedule and any rules made under paragraph 11 of that Schedule for the purposes of subsections (2) and (2A).[8/2011; 40/2014]
Qualification to practise as sole proprietor, partner or director of Singapore law practice
75C.—(1) No solicitor may practise in a Singapore law practice as a solicitor on his or her own account or in partnership (whether in a law firm or a limited liability law partnership) or as a director of a law corporation unless he or she —(a)
has successfully completed such legal practice management course within such time as the Council may by rules made under section 59 prescribe; and
(b)
has, since being admitted as a solicitor, been employed for not less than 3 continuous years or 3 years out of a continuous period of 5 years in a Singapore law practice; or
(c)
has been employed as a relevant legal officer for not less than 3 continuous years or 3 years out of a continuous period of 5 years.[20/2009; 40/2014]
(2) The Council may, with the approval of the Minister, exempt a solicitor from subsection (1)(a) or shorten any period referred to in subsection (1)(b) and (c) if it is satisfied that the solicitor has gained substantial experience in law in Singapore or elsewhere.
(3) Paragraphs (b) and (c) of subsection (1) do not apply to a solicitor who was admitted as a solicitor before 1 March 1997.
(4) This section does not apply to a solicitor who has before 9 March 2007 been in practice in a Singapore law practice as a solicitor on his or her own account or in partnership (whether in a law firm or a limited liability law partnership) or as a director of a law corporation.
(4A) [Deleted by Act 20 of 2007]
(5) Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Qualification to use title of consultant
75D.—(1) Subject to subsection (1A), a solicitor must not take or use the title of consultant unless he or she has, for a period of not less than 10 years in the aggregate, been —(a)
a solicitor in practice;
(b)
a relevant legal officer;
(c)
a full-time member of the academic staff of the Faculty of Law of the National University of Singapore, the School of Law of the Singapore Management University or the School of Law of the Singapore University of Social Sciences; or
(d)
holding any combination of occupations referred to in paragraphs (a), (b) and (c).[20/2009; 8/2011; 16/2016; 30/2017]
(1A) Where any person who is both a solicitor and a foreign lawyer is qualified under any rules made under section 36M to take or use the title of consultant in relation to his or her capacity as a foreign lawyer, nothing in subsection (1) affects his or her qualification to use that title in relation to that capacity.[8/2011; 40/2014]
(2) Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Solicitors who are commissioners for oaths or notaries public
76. A solicitor who is a commissioner for oaths or a notary public must not do any act as such commissioner or notary (as the case may be) unless he or she has in force a practising certificate.
Solicitor not to act as agent for any unauthorised person
77.—(1) A solicitor must not —(a)
wilfully and knowingly act as agent for any unauthorised person in any legal proceeding of any kind or in any matter which under this Act can be done only by a solicitor who has in force a practising certificate;
(b)
permit his or her name to be made use of in any such proceeding or matter upon the account or for the profit of any unauthorised person; or
(c)
send any process to any unauthorised person, or do any other act enabling any unauthorised person to appear, act or practise or purport to practise in any respect as a solicitor in any such proceeding or matter.
(2) A solicitor must not authorise any unauthorised person to operate any bank account in the name of the solicitor or the Singapore law practice in which the solicitor practises, and maintained by the solicitor or the Singapore law practice in which the solicitor practises in connection with his or her practice as a solicitor.
(3) Disciplinary proceedings may be taken against any solicitor who has acted in contravention of subsection (1) or (2).
(4) Any unauthorised person who was enabled by a solicitor to act or practise or purport to practise as a solicitor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months.
(5) In this section, “unauthorised person” has the meaning given by section 32.
Employment or remuneration of certain persons by solicitor
78.—(1) A solicitor must not in connection with his or her practice as such, without the consent of the court obtained on an application by originating application served upon the Attorney‑General and upon the Society, employ or remunerate any person who to his or her knowledge is an undischarged bankrupt or has been —(a)
struck off a roll of legal practitioners by whatever name called otherwise than at his or her own request in Singapore or in any part of Malaysia or elsewhere and remains struck off;
(b)
suspended from practising as an advocate and solicitor in Singapore or in any part of Malaysia or elsewhere and remains suspended;
(c)
convicted of an offence involving dishonesty;
(d)
convicted of an offence under section 33 of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 or under any provision of this Act;
(e)
listed as a tout under section 39 of the Family Justice Act 2014, section 62 of the State Courts Act 1970 or section 73 of the Supreme Court of Judicature Act 1969; or
(f)
a person in respect of whom an order under subsection (4) has been made.[5/2014; 27/2014; 22/2018]
[Act 25 of 2021 wef 01/04/2022]
(2) A solicitor must not in connection with his or her practice as such, without the consent of the Attorney‑General, employ or remunerate any person who to his or her knowledge had been employed as a public officer.
(3) Subsection (2) does not apply to any public officer who is an advocate and solicitor or a qualified person or in respect of whom the consent of the court or the Attorney‑General had previously been obtained under subsection (1) or (2), as the case may be.
(4) On application made by or on behalf of the Attorney‑General or the Society, the court may make an order directing that, as from a date to be specified in the order, a solicitor must not, in connection with his or her practice as such, employ or remunerate any person, the subject of the application, who —(a)
has been a party to any act or default of a solicitor in respect of which a complaint has been or might properly have been made against that solicitor under the provisions of this Act; or
(b)
has so conducted himself or herself while employed by a solicitor that, had the person been a solicitor, his or her conduct might have formed the subject of a complaint under the provisions of this Act against him or her.
(5) Every application under subsection (4) must be served upon the person in respect of whom it is made, and upon his or her employer or previous employer if his or her employer or previous employer is a solicitor, not less than 10 days before the application is to be heard.
(6) Every order made under subsection (4) must be filed in a file to be kept for this purpose by the Registrar, and the file may be inspected by any solicitor without fee.
(7) Before a solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his or her practice as such, he or she must —(a)
require the person to make a statutory declaration to show that he or she is not an undischarged bankrupt and that he or she does not come within the class of persons enumerated in subsection (1)(a) to (f) and had not been employed as a public officer and that he or she is not a person in respect of whom an order has been made under subsection (4); and
(b)
within 14 days of commencing to employ the person, deliver to the Society a certified copy of the statutory declaration so made.
(8) Disciplinary proceedings may be taken against any solicitor who acts in contravention of this section.
Acting for housing developer and purchaser prohibited
79.—(1) Where a solicitor acts for a housing developer in a sale of immovable property developed under a housing development, a specified person must not, in the sale of any immovable property developed under the same housing development, act for the purchaser of the property unless a certificate of fitness for occupation in respect thereof has been issued by the Commissioner of Building Control or other relevant authority.
(2) In subsection (1) —“develop”, “housing developer” and “housing development” have the meanings given by the Housing Developers (Control and Licensing) Act 1965;
“sale of immovable property” includes the grant of a lease for a term exceeding 3 years;
“specified person”, in relation to a solicitor, means —(a)
the solicitor himself or herself;
(b)
any member or assistant of the firm of which the solicitor is a member either as a partner, a consultant or an employee;
(c)
any director or employee of the law corporation of which the solicitor is a director or an employee; or
(d)
any partner or employee of the limited liability law partnership of which the solicitor is a partner or an employee.
(3) Subsection (1) is without prejudice to any law affecting solicitors who act for parties where there is a conflict of interest or where a conflict of interest may arise.
(4) Disciplinary proceedings may be taken against any solicitor who acts in contravention of subsection (1).
Account by solicitor
80.—(1) Where the relationship of solicitor and client exists, or has existed, an originating application may be issued by the client or his or her representatives for the delivery of a cash account, or the payment of moneys, or the delivery of securities.[Act 25 of 2021 wef 01/04/2022]
(2) The court or a Judge may order the solicitor to deliver to the applicant a list of the moneys or securities which the solicitor has in his or her custody or control on behalf of the applicant, or to bring into court the whole or any part of the same, within such time as the court or a Judge orders.
(3) In the event of the solicitor alleging that he or she has a claim for costs, the court or a Judge may make such provision for the payment or security thereof or the protection of the solicitor’s lien (if any) as the court or a Judge thinks fit.
Interim certificate
81.—(1) If, during the assessment of any bill of costs or the taking of any account between solicitor and client, it appears to the Registrar that there must in any event be moneys due from the solicitor or law corporation or limited liability law partnership to the client, the Registrar may make an interim certificate as to the amount so payable by the solicitor or law corporation or limited liability law partnership.[Act 25 of 2021 wef 01/04/2022]
(2) Upon the filing of such certificate, the court or a Judge may order the moneys so certified to be immediately paid to the client or brought into court.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
