Singapore legislation
Clause 81
Clause 81
Solicitors’ clerks
(1)
No solicitor shall in connection with his practice as such, without the consent of the court obtained on an application by originating summons served upon the Attorney-General and upon the Society employ or remunerate any person who to his knowledge is an undischarged bankrupt or has been —
struck off a Roll of legal practitioners by whatsover name called otherwise than at his own request in Singapore or in any part of Malaysia or elsewhere and remains struck off;
suspended from practising as an advocate and solicitor in Singapore or in any part of Malaysia or elsewehere and remains suspended;
convicted of an offence involving dishonesty;
convicted of an offence under section 35 of the Minor Offences Ordinance (Cap. 117) or under any provision of this Act; (e)listed as a tout under section 100 of the Subordinate Courts Ordinance (Cap. 3); (f)a person in respect of whom an order under subsection (2) of this section has been made; or
employed as a public officer:Provided that the provisions of paragraph (g) of this subsection shall not apply to any public officer who is an advocate and solicitor or a qualified person.
(2)
On application made by or on behalf of the Attorney-General or the Society the court may make an order directing that, as from the date to be specified in such order, no solicitor shall in connection with his practice as such employ or remunerate any person, the subject of the application, who —
has been a party to any act or default of a solicitor in respect of which a complaint has been or might properly have been made against such solicitor under the provisions of this Act; or
has so conducted himself whilst employed by a solicitor that, had he himself been a solicitor, such conduct might have formed the subject of a complaint under the provisions of this Act against him.
(3)
Every application under subsection (2) of this section shall be served upon the person in respect of whom it is made and upon his employer or previous employer if such employer or previous employer is a solicitor not less than ten days before the application is to be heard.
(4)
Every order made under subsection (2) of this section shall be filed in a file to be kept for this purpose by the Registrar and such file may be inspected by any solicitor without fee.
(5)
Before a solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall —
require such person to make a statutory declaration to show that he is not an undischarged bankrupt and that he does not come within the class of persons enumerated in paragraphs (a) to (g) of subsection (1) of this section and that he is not a person in respect of whom an order has been made under subsection (2) of this section; and
within fourteen days of commencing to employ such person deliver to the Society a certified copy of the statutory declaration so made.
(6)
Disciplinary proceedings may be taken against any solicitor who acts in contravention of the provisions of this section.