Singapore legislation
Section 33
Section 33
Unauthorised person acting as advocate or solicitor
(1)
Any unauthorised person who —
acts as an advocate or a solicitor or an agent for any party to proceedings, or, as such advocate, solicitor or agent —
sues out any writ, summons or process;
commences, carries on, solicits or defends any action, suit or other proceeding in the name of any other person, or in his or her own name, in any of the courts in Singapore; or
draws or prepares any document or instrument relating to any proceeding in the courts in Singapore; or
wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he or she is duly qualified or authorised to act as an advocate or a solicitor, or that he or she is recognised by law as so qualified or authorised,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
(2)
Without limiting subsection (1), any unauthorised person who, directly or indirectly —
draws or prepares any document or instrument relating to any movable or immovable property or to any legal proceeding;
takes instructions for or draws or prepares any papers on which to found or oppose a grant of probate or letters of administration;
[Deleted by Act 8 of 2011](d)on behalf of a claimant or person alleging to have a claim to a legal right writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to a solicitor for legal proceedings; or
solicits the right to negotiate, or negotiates in any way for the settlement of, or settles, any claim arising out of personal injury or death founded upon a legal right or otherwise,shall, unless he or she proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence.
(3)
Any unauthorised person who, for or in expectation of any fee, gain or reward, offers or agrees to place at the disposal of any other person the services of an advocate and solicitor shall be guilty of an offence.
(4)
Subsection (3) does not apply to any person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor pursuant to a lawful contract of indemnity or insurance.
(5)
Every person who is convicted of an offence under subsection (2) or (3) shall be liable for a first offence to a fine not exceeding $10,000 or in default of payment to imprisonment for a term not exceeding 3 months and for a second or subsequent offence to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both.
(6)
Any act done by a body corporate which in the case of a person would be an offence under subsection (1), (2) or (3) or is of such a nature or is done in such a manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified to act as a solicitor, or has the capacity or powers of a law corporation or a limited liability law partnership when in fact the body corporate does not, shall be an offence and the body corporate shall be liable on conviction for a first offence to a fine not exceeding $25,000 and for a second or subsequent offence to a fine not exceeding $50,000.
(7)
Where an act mentioned in subsection (6) is done by a director, an officer or an employee of the body corporate, the director, officer or employee shall (without affecting the liability of the body corporate) be liable to the punishments provided in subsection (5).
(7A)
Where an act mentioned in subsection (6) is done by a partner, an officer or an employee of a limited liability partnership, that partner, officer or employee shall (without affecting the liability of the limited liability partnership) be liable to the punishments provided in subsection (5).
(8)
Where any firm does an act which in the case of a person would be an offence under subsection (1), (2) or (3), every member of the firm is deemed to have committed that offence unless he or she proves that he or she was unaware of the commission of the act.
(9)
Any person who does any act in relation to a contemplated or instituted proceeding in the Supreme Court which is an offence under this section shall also be guilty of a contempt of the court in which the proceeding is contemplated or instituted and may be punished accordingly irrespective of whether he or she is prosecuted for the offence or not.
(10)
In this section, “document” and “instrument” do not include —
a will or other testamentary document; or
a transfer of stock containing no limitation thereof.