Singapore legislation

Section 83

of Legal Profession Act 1966

Section 83

Power to strike off roll, etc.

Amended by8/20113/201240/201416/201640/201840/201420/20098/201140/201916/2016

(1)

All advocates and solicitors are subject to the control of the Supreme Court and shall be liable on due cause shown —

(a)

to be struck off the roll;

(b)

to be suspended from practice for a period not exceeding 5 years;

(c)

to pay a penalty of not more than $100,000;

(d)

to be censured; or

(e)

to suffer the punishment referred to in paragraph (c) in addition to the punishment referred to in paragraph (b) or (d).

(2)

Subject to subsection (7), such due cause may be shown by proof that an advocate and solicitor —

(a)

has been convicted of a criminal offence, implying a defect of character which makes him or her unfit for his or her profession;

(b)

has been guilty of fraudulent or grossly improper conduct in the discharge of his or her professional duty or guilty of such a breach of any of the following as amounts to improper conduct or practice as an advocate and solicitor:

(i)

any usage or rule of conduct made by the Professional Conduct Council under section 71 or by the Council under the provisions of this Act;

(ii)

Part 5A or any rules made under section 70H;

(iii)

any rules made under section 36M(2)(r);

(c)

has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018;

(d)

has tendered or given or consented to retention, out of any fee payable to him or her for his or her services, of any gratification for having procured the employment in any legal business of himself or herself, of any other advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered under section 36B;

(e)

has, directly or indirectly, procured or attempted to procure the employment of himself or herself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered under section 36B through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or her or agreed or promised to be so given;

(f)

has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto;

(g)

[Deleted by Act 8 of 2011](h)has been guilty of such misconduct unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession;

(i)

carries on by himself or herself, or any person in his or her employment, any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling;

(j)

has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or

(k)

has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in his or her capacity as a legal practitioner by whatever name called in any other jurisdiction.

Amended by8/20113/201240/201416/201640/2018

(2A)

Every person admitted under section 15 is, with the necessary modifications, subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part, except that —

(a)

in lieu of any order that he or she be struck off the roll, either or both of the following orders may be made:

(i)

an order terminating his or her privilege to practise as an advocate and solicitor for the purpose of each case for which he or she is admitted under section 15;

(ii)

an order prohibiting him or her from applying to be admitted under section 15, either indefinitely or until after a date specified in the order;

(b)

in lieu of any order that he or she be suspended, an order may be made suspending his or her privilege to practise as an advocate and solicitor for the purpose of each case for which he or she is admitted under section 15, either indefinitely or until after a date specified in the order;

(c)

any reference to a punishment referred to in section 83(1)(b) or 98(1)(a)(ii) is to be construed as a reference to a suspension of the privilege to practise as an advocate and solicitor mentioned in paragraph (b); and

(d)

the court of 3 Judges may also direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:

(i)

the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the person admitted under section 15 is duly authorised or registered to practise law;

(ii)

any relevant professional disciplinary body of the state or territory in which the person admitted under section 15 is duly authorised or registered to practise law.

Amended by40/2014

(3)

Every practice trainee, and every qualified person in respect of whom an application under section 32(3) has been granted, is, with the necessary modifications, subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part, except that in lieu of any order that he or she be struck off the roll or suspended, an order may be made prohibiting him or her from applying to the court for admission as an advocate and solicitor until after a date specified in the order.

Amended by20/20098/2011

(4)

The jurisdiction given by subsection (3) is to be exercised by a single Judge.

(5)

In any proceedings under this Part, the court may in addition to the facts of the case take into account the past conduct of the person concerned in order to determine what order should be made.

(6)

In any proceedings instituted under this Part against an advocate and solicitor consequent upon his or her conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Supreme Court Judges mentioned in section 98 are to accept the conviction as final and conclusive.

Amended by40/2019

(7)

The Minister may make rules for the exemption from subsection (2)(d) or (e) of any advocate and solicitor who satisfies such requirements, and does an act referred to in subsection (2)(d) or (e) in such circumstances, as may be prescribed in those rules.

Amended by16/2016
Section 83 — Legal Profession Act 1966 | laws.sg