Legal Profession Act 1966 · 2020 Revised Edition · Part 8A · Conditional Fee Agreements
115F. Change of solicitor, foreign lawyer or law practice entity after conditional fee agreement
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If, after a conditional fee agreement has been entered into, the client changes the solicitor, foreign lawyer or law practice entity acting for the client before the conclusion of the prescribed proceedings to which the agreement relates (which the client may do despite the agreement), an application may be made to the court by any party thereto or by the representatives of that party.
client
“client” includes —(a)in relation to contentious business — any person who, as a principal or on behalf of another person, retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay the costs of a solicitor, law corporation or limited liability law partnership; and(b)in relation to non-contentious business —(i)any person who, as a principal or on behalf of another, or as a trustee, an executor or an administrator, or in any other capacity, has power (express or implied) to retain or employ, and retains or employs or is about to retain or employ, a solicitor, law corporation or limited liability law partnership; and(ii)any person for the time being liable to pay a solicitor, law corporation or limited liability law partnership for his, her or its services any costs;
The court has, upon the application under subsection (1), the same power to enforce or set aside the agreement, so far as it may have been acted upon, as if the change of solicitor, foreign lawyer or law practice entity had not occurred and in exercising such power the court must have regard to the terms of the conditional fee agreement and in particular to any term in the agreement relating to the consequences of a change in or the death or incapacity of the solicitor or foreign lawyer or of the winding up or dissolution of the law practice entity, as the case may be.
court
“court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court;
The court may, even if it thinks the conditional fee agreement would have been enforceable under section 115D(4) if an application had been made under section 115D(2), order the amount due in respect of anything done to be ascertained by assessment.
The Registrar, in ascertaining by assessment the amount due in respect of the proceedings conducted or work done, must have regard to —
Registrar
“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and an Assistant Registrar;
the circumstances under which the change mentioned in subsection (1) took place; and
the terms of the conditional fee agreement and in particular any term in the agreement relating to the consequences of a change in or the death or incapacity of the solicitor or foreign lawyer or of the winding up or dissolution of the law practice entity, as the case may be.
Upon an assessment mentioned in subsection (4), the solicitor, foreign lawyer or law practice entity is not entitled to the full amount of the remuneration or costs agreed to be paid unless it appears that there has been no default, negligence, improper delay or other conduct on the part of the solicitor, foreign lawyer or law practice entity affording reasonable ground to the client for the change of solicitor, foreign lawyer or law practice entity, as the case may be.
solicitor
“advocate and solicitor”, “advocate” and “solicitor” mean an advocate and solicitor of the Supreme Court;
Payment of the amount found to be due may be enforced in the same manner as if the conditional fee agreement had been completely performed by the solicitor, foreign lawyer or law practice entity, as the case may be.
foreign lawyer
“foreign lawyer” means an individual who is duly authorised or registered to practise law in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory;