Singapore legislation
Section 182
Section 182
Civil penalty
(1)
Any person (including a Joint Law Venture, Formal Law Alliance, foreign law practice or Singapore law practice) that contravenes any provision in this Division shall be liable to pay a civil penalty in accordance with this section.
(2)
Whenever it appears to the Director of Legal Services that any such person has contravened any provision in this Division, the Director of Legal Services may bring an action in a court to seek an order for a civil penalty in respect of that contravention against —
that person;
the foreign law practice or Singapore law practice in which that person is a partner, a director, a consultant or an employee;
the Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice, in which that person is practising; or
the Formal Law Alliance or any foreign law practice or Singapore law practice which is a member of the Formal Law Alliance and in which that person is practising.
(3)
If the court is satisfied on a balance of probabilities that the person has contravened a provision in this Division, the court may make an order for the payment of a civil penalty against —
the person, being an individual, of a sum not exceeding $50,000; or
the foreign law practice, Singapore law practice, Joint Law Venture or Formal Law Alliance against which the action is brought under subsection (2), of a sum not exceeding $100,000.
(4)
Despite subsection (3), where an action has been brought against a person or a foreign law practice, Singapore law practice, Joint Law Venture or Formal Law Alliance (called in this section the defendant), the court may make an order against the defendant if the Director of Legal Services has agreed to allow the defendant to consent to the order with or without admission of a contravention of a provision in this Division and the order may be made on such terms as may be agreed between the Director of Legal Services and the defendant.
(5)
Nothing in this section prevents the Director of Legal Services from entering into an agreement with the defendant to pay, with or without admission of liability, a civil penalty within the limits referred to in subsection (3) for a contravention of any provision in this Division.
(6)
A civil penalty imposed under this section must be paid into the Consolidated Fund.
(7)
If the defendant fails to pay the civil penalty imposed on the defendant within the time specified in the court order mentioned in subsection (3) or (4) or specified under the agreement mentioned in subsection (5), the Director of Legal Services may recover the civil penalty as though the civil penalty were a judgment debt due to the Government.
(8)
Rules of Court may be made to —
regulate and prescribe the procedure and practice to be followed in respect of proceedings under this section; and
provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings.
(9)
This section applies even though disciplinary action has been taken against the foreign lawyer or solicitor concerned under any other provision of this Act or by any professional disciplinary body (whether in Singapore or in any state or territory outside Singapore).