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In forceAmended2020 Revised Edition
Contents

Part 9A · Law Practice Entities

157. Professional misconduct

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Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

An act or omission of a regulated legal practitioner may constitute unsatisfactory professional conduct or professional misconduct even though it is only done or occurs while the regulated legal practitioner provides legal services through a law corporation.

(2)

Where the business of a law corporation is conducted in a manner unbefitting an honourable profession, and such conduct cannot be attributed to the act or omission of any particular individual (being a solicitor, regulated foreign lawyer or regulated non‑practitioner) whose identity is known —

(a)

each director of the law corporation who is a solicitor shall be liable (or, if there are 2 or more such directors, shall be jointly liable with every other such director) to such disciplinary proceedings under this Act as are applicable to a solicitor;

(b)

each director of the law corporation who is a regulated foreign lawyer shall be liable (or, if there are 2 or more such directors, shall be jointly liable with every other such director) to such disciplinary proceedings under this Act as are applicable to a regulated foreign lawyer; and

(c)

each director of the law corporation who is a regulated non‑practitioner shall be liable (or, if there are 2 or more such directors, shall be jointly liable with every other such director) to such disciplinary proceedings under this Act as are applicable to a regulated non‑practitioner.

(3)

Except with the prior approval of the Director of Legal Services or in circumstances prescribed in any rules made under section 166, a director or employee of a law corporation who is a solicitor (whether or not he or she has in force a practising certificate) or a lawyer (NP) (whether or not he or she has in force a provisional practising certificate), must not —

(a)

hold shares in any other law corporation;

(b)

be a director, consultant or employee of any other law corporation;

(c)

be a partner, consultant or employee of any law firm or limited liability law partnership; or

(d)

practise as a solicitor on his or her own account.

(4)

Subsection (3) does not prevent a locum solicitor engaged by a law corporation from concurrently practising as a locum solicitor in another law corporation or any law firm or limited liability law partnership.

(5)

Except with the prior approval of the Director of Legal Services or in circumstances prescribed in any rules made under section 166 —

(a)

a director or employee of a law corporation who is a regulated foreign lawyer must not —

(i)

hold shares in any other law corporation;

(ii)

be a director, consultant or employee of any other law corporation; or

(iii)

be a partner, consultant or employee of any law firm or limited liability law partnership; and

(b)

a director or employee of a law corporation who is a regulated non‑practitioner must not —

(i)

hold shares in any other law corporation;

(ii)

be a director or employee of any other law corporation; or

(iii)

be a partner or employee of any law firm or limited liability law partnership.

Report

Read on from s 158

Part 10

Miscellaneous

Read on from Part 10

Schedules

Read on from Schedules