Legal Profession Act 1966 · 2020 Revised Edition · Part 3 · Practising Certificates
25A. Power of Attorney-General, Registrar and Council with respect to issue of practising certificates in certain circumstances
Feedback & supportLast amended by an amending law of 2014. 2 amendments in all.
This section applies to any solicitor —
solicitor
“advocate and solicitor”, “advocate” and “solicitor” mean an advocate and solicitor of the Supreme Court;
whose suspension from practice has expired;
who has been discharged from bankruptcy;
who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere;
who has been convicted of an offence involving dishonesty or fraud;
who has been convicted of an offence in relation to his or her conduct in his or her practice of law;
who has been found guilty of misconduct in any other professional capacity;
whose fitness to practise has been determined under section 25C to be impaired by reason of his or her physical or mental condition, or who, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so;
whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to his or her practice; or
whom the Attorney-General or the Council is satisfied has failed to comply with any of the rules made under section 72 or any of the rules made under section 73D of the Conveyancing and Law of Property Act 1886.
Where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar —
practising certificate
“practising certificate” means a certificate issued by the Registrar under section 25;
to refuse the application for a practising certificate; or
to issue a practising certificate to the solicitor subject to such conditions as the Attorney‑General or the Council may specify,and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing.
[Deleted by Act 40 of 2014]
Without limiting subsection (2)(b) —
conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney‑General or the Council, be conducive to the applicant carrying on an efficient practice as a solicitor; and
conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) even though they may result in expenditure being incurred by the applicant.
Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in subsection (1)(c), (d), (e), (f), (fa), (g) or (h), the solicitor concerned may, upon proof of a change in the circumstances or for any good cause, inform the Attorney‑General or the Council (as the case may be) of the change or good cause.
Council
“Council” means the Council of the Society established under section 47;
The Attorney-General or the Council (as the case may be) must, upon being so informed under subsection (4), reconsider the request and may in writing request the Registrar —
Registrar
“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and an Assistant Registrar;
to grant the application for a practising certificate; or
to remove any condition imposed on the practising certificate under subsection (2)(b),and the Registrar may comply with the request and notify the solicitor in writing.
Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1), then, except in the case of any circumstances of whose existence the Attorney‑General or the Council is unaware at the time the certificate is issued, this section does not thereafter apply in relation to that solicitor by reason of those circumstances.
The Registrar must not refuse an application by a solicitor for a practising certificate where —
this section applies to the solicitor by reason only of any such circumstances as are mentioned in subsection (1)(a) or (b); or
disciplinary proceedings against the solicitor under Part 7 by reason of any such circumstances as are mentioned in subsection (1) have been disposed of.