Singapore legislation
Clause 87
Clause 87
Power to strike off the Roll or suspend or censure
(1)
All advocates and solicitors shall be subject to the control of the High Court and shall be liable on due cause shown to be struck off the Roll or suspended from practice for any period not exceeding two years or censured.
(2)
Such due cause may be shown by proof that such person —
has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession; or
has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of breach of any rule or usage or conduct made by the Council under the provisions of this Act as in the opinion of the court amounts to improper conduct or practice as an advocate and solicitor; or
has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in paragraph (a), (b), (c), (d) (e), (f), (h) or (i) of subsection (6) of section 33 of the Bankruptcy Ordinance (Cap. 11); or (d)has tendered or given or consented to retention, out of any fee payable to him for his services, of any gratification for having procured the employment in any legal business of himself or any other advocate and solicitor; or
has directly or indirectly procured or attempted to procure the employment of himself or any advocate and solicitor through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given; or
has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto; or
allows any clerk or other unauthorised person to undertake or carry on legal business in his name, such other person not being under such direct and immediate control of his principal as to ensure that he does not act without proper supervision; or
has done some other act which would render him liable to be disbarred or struck off the roll of the court or suspended from practice or censured if a barrister or solicitor in England due regard being had to the fact that the two professions are fused in Singapore; or
carries on by himself or any person in his 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; or
has contravened or failed to comply with any of the provisions of this Act or of any rules made thereunder in relation thereto if in the opinion of the court such contravention or failure warrants disciplinary action;
after he has been invited by the Society to give an explanation in respect of any matter affecting his conduct and has failed to give an explanation in respect of that matter which the Council regard as sufficient and satisfactory and has been notified in writing that he has so failed if in the opinion of the court such failure warrants disciplinary action; or
has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner by whatever name called in any other country.
(3)
Pupils and articled clerks shall mutatis mutandis be subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part of this Act but in lieu of an order striking him off the Roll or suspending him an order may be made prohibiting the pupil or articled clerk from petitioning the court for admission until after a date to be specified in the order:Provided that the jurisdiction given by this subsection shall be exercised by a single judge.
(4)
In any proceedings under this Part of this Act 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.