Singapore legislation

Section 75A

of Legal Profession Act 1966

Section 75A

Professional indemnity

(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.

Read in full context — Legal Profession Act 1966 →