Legal Profession Act 1966 · 2020 Revised Edition · Part 4A · Registration of Foreign Lawyers, Solicitors in Foreign Law Practices and Non-Practitioners, Etc.
36L. Civil penalty
Feedback & supportLast amended by an amending law of 2014.
Any person (including a foreign lawyer, solicitor or regulated non‑practitioner) who contravenes any provision in this Part shall be liable to pay a civil penalty in accordance with this section.
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;
Whenever it appears to the Director of Legal Services that any person mentioned in subsection (1) has contravened any provision in this Part, the Director of Legal Services may bring an action in a court to seek an order for a civil penalty in respect of that contravention against —
Director of Legal Services
“Director of Legal Services” means the Director of Legal Services appointed under section 2A(1);
that person;
the Singapore law practice or foreign law practice in which that person is a partner, a director, a consultant or an employee;
the Joint Law Venture, or the constituent Singapore law practice or constituent foreign law practice of the Joint Law Venture, in which that person is practising; or
the Formal Law Alliance, or any Singapore law practice or foreign law practice which is a member of the Formal Law Alliance, in which that person is practising.
If the court is satisfied on a balance of probabilities that the person has contravened a provision in this Part, the court may make an order for the payment of a civil penalty against —
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 person, being an individual, of a sum not exceeding $50,000; or
the Singapore law practice, foreign law practice, Joint Law Venture or Formal Law Alliance against which the action is brought under subsection (2), of a sum not exceeding $100,000.
Despite subsection (3), where an action has been brought against a person or a Singapore law practice, foreign law practice, Joint Law Venture or Formal Law Alliance (called in this section the defendant) —
Singapore law practice
“Singapore law practice” means —(a)a law firm;(b)a limited liability law partnership; or(c)a law corporation;
the court may make an order against the defendant, if the Director of Legal Services has agreed to allow the defendant to consent to the order with or without admission of a contravention of a provision in this Part; and
the order may be made on such terms as may be agreed between the Director of Legal Services and the defendant.
Nothing in this section prevents the Director of Legal Services from entering into an agreement with the defendant to pay, with or without admission of liability, a civil penalty within the limits referred to in subsection (3) for a contravention of any provision in this Part.
A civil penalty imposed under this section must be paid into the Consolidated Fund.
Fund
“Fund” means the Unclaimed Money Fund maintained and administered by the Society under section 70J;
If the defendant fails to pay the civil penalty imposed on the defendant within the time specified in the court order mentioned in subsection (3) or (4) or specified under the agreement mentioned in subsection (5), the Director of Legal Services may recover the civil penalty as though the civil penalty were a judgment debt due to the Government.
Rules of Court may be made to —
regulate and prescribe the procedure and practice to be followed in respect of proceedings under this section; and
provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings.
This section applies despite any disciplinary action having been taken against the foreign lawyer, solicitor or regulated non‑practitioner concerned under any other provision of this Act or by any professional disciplinary body (whether in Singapore or in any state or territory outside Singapore).
solicitor
“advocate and solicitor”, “advocate” and “solicitor” mean an advocate and solicitor of the Supreme Court;