Singapore legislation
Section 26
Section 26
Disqualification for practising certificates
(1)
A solicitor must not apply for a practising certificate —
unless —
he or she is practising or intends to practise in a Singapore law practice;
he or she is registered under section 36E to practise Singapore law, and is practising or intends to practise Singapore law, in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; or
he or she is practising or intends to practise as a locum solicitor;
[Deleted by Act 19 of 2008](ba)[Deleted by Act 19 of 2008](c)[Deleted by Act 19 of 2008](ca)[Deleted by Act 19 of 2008](d)if he or she has, for a period of 3 years or more, held office as a Supreme Court Judge, a Judge of the Supreme Court of Malaysia or a Judge of any High Court in any part of Malaysia;
if he or she is an undischarged bankrupt;
if he or she has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors;
if he or she has one or more outstanding judgments against him or her amounting in the aggregate to $100,000 or more which he or she has been unable to satisfy within 6 months from the date of the earliest judgment; or
if he or she lacks capacity within the meaning of the Mental Capacity Act 2008 to act as a solicitor.
(1A)
A solicitor must not apply for a practising certificate to practise as a locum solicitor unless he or she is a citizen or a permanent resident of Singapore, and —
has, for a period of not less than 3 years in the aggregate in the 5 years immediately preceding the application —
practised as a solicitor in a Singapore law practice; or
been employed as a Legal Service Officer;
has completed such training within such time as the Council may by rules under section 25 prescribe; or
has practised as a locum solicitor at any time within the period of 3 years immediately preceding the application.
(2)
Despite anything in subsection (1), any solicitor who has held office as a Supreme Court Judge for a period of 3 years or more must on application be issued a practising certificate enabling him or her to practise as a solicitor, but without the right of audience in any court of justice in Singapore.
(3)
Subsection (1) does not apply to —
a solicitor who is employed by the Society or a wholly‑owned subsidiary of the Society, the Institute or any statutory body or law office in the public service;
a solicitor who is employed as a full-time member of the academic staff of any department of the National University of Singapore or of any department of law in any other institution of higher learning in Singapore and who has been so employed in either case for at least 3 continuous years; or
a State Counsel, Deputy Public Prosecutor or other legal officer of the government of any country or any territory of that country,if the Attorney-General issues a certificate under his or her hand to the person and specifies therein the matters in which the person may appear and plead in courts of law.
(4)
Where the Attorney-General has issued a certificate to a solicitor under subsection (3)(a) or (b), the Registrar must, upon the solicitor complying with the provisions of this Act, issue the solicitor a practising certificate specifying therein the matters in which the solicitor may appear and plead in courts of law and the conditions (if any) as contained in the Attorney‑General’s certificate.
(5)
Where the Attorney-General has issued a certificate to a person under subsection (3)(c), the Registrar must issue to the person a practising certificate specifying therein the matters in which the person may appear and plead in courts of law and the conditions (if any) as contained in the Attorney‑General’s certificate.
(6)
The Attorney-General may shorten the period referred to in subsection (3)(b) if he or she is satisfied that the solicitor has gained substantial experience in law for the purposes of that subsection.
(7)
Sections 72 and 73 do not apply to a solicitor who has been issued with a certificate under subsection (3)(a) or (b).
(8)
The other provisions of this Act do not apply to a person who has been issued a certificate under subsection (3)(c).
(9)
A practising certificate issued to a solicitor ceases to be in force —
when the solicitor ceases to practise or to be employed as provided in this section;
upon the solicitor becoming subject to any disqualification under subsection (1)(e), (f), (g) or (h); or
when the Registrar subsequently issues another practising certificate to the solicitor.
(10)
For the purposes of this section, “Judge” does not include a Judicial Commissioner.