Legal Profession (Amendment) Bill

by deleting the definition of “annual certificate” appearing therein; and

by deleting the definition of “Society” appearing therein and substituting therefor the following: —“ “Society” means The Law Society of Singapore established by section 41 of this Act.”.

by deleting the expression “section 10” appearing in the third line of subsection (1) thereof and substituting therefor the expression “paragraph (a) of subsection (1) of section 9”;

by inserting immediately after the word “pupillage” appearing in the last line of paragraph (c) of subsection (4) thereof the words “or in the absence thereof such other evidence as the court may require that he has served such pupillage with diligence”; and

by deleting the figures “10” appearing in the marginal note thereto and substituting therefor the expression “9 (1)”.

by deleting subsection (1) thereof and substituting therefor the following: —“(1) Every solicitor shall in every year before he does any act in the capacity of an advocate and solicitor deliver or cause to be delivered to the Registrar an application for a practising certificate in such form or forms as may be prescribed by and in accordance with rules made under this section, such application to be accompanied by —

a declaration in writing stating —

his full name;

the name under which he practises if different from his own name, or the name of the solicitor or firm of solicitors employing him; and

the principal and any other address or addresses at which he practises in Singapore;

a certificate from the Council or such other evidence as the Registrar may require that he is not in arrears in respect of any contribution to the Compensation Fund, subscription or levy lawfully due to the Society under the provisions of this Act and that he has paid all such subscriptions and contributions payable prior to the issue of a practising certificate pursuant to sections 51 and 78 of this Act;

an accountant’s report pursuant to section 77 of this Act or a certificate from the Council that owing to the circumstances of his case such report is unnecessary; and

the prescribed duty,and the Registrar shall thereupon issue to the solicitor a practising certificate authorising him to practise as an advocate and solicitor in Singapore.”; and

by inserting immediately after subsection (4) thereof the following new subsections: —“(5) Subject to the provisions of this Act, the Council may make rules regulating the issue of practising certificates.(6) Any rules made by the Council under this section shall be signed by the President of the Society and submitted to the Chief Justice and shall come into operation upon the Chief Justice signifying his approval.”.

The Council may, if it appears to it that a practising certificate has been issued to any solicitor contrary to the provisions of this Act or that the accountant’s report submitted by any solicitor does not comply with the provisions of section 77 of this Act, apply to a judge by originating summons for an order directing the Registrar to cancel such certificate.(2) Such application shall be served on the advocate and solicitor concerned and upon the hearing thereof the judge may make such order as he may think fit and may also make such order for the payment of costs as may be just.(3) Disciplinary proceedings may be taken against any solicitor if in, or in relation to, an application for a practising certificate he makes a false statement material to the application.”.

by inserting immediately after the word “claim” appearing in the fifth line of paragraph (f) thereof the words “arising out of personal injury or death”;

by deleting paragraph (h) thereof and substituting therefor the following: —“(h)any full-time member of the academic staff of the Faculty of Law of the University of Singapore acting solely in an advisory capacity upon instructions from a practising advocate and solicitor;

any accountant performing work normally undertaken by him immediately before the date of the coming into operation of this Act:Provided that such accountant shall not be authorised to draw or prepare any document or instrument relating to movable or immovable property or to any legal proceeding;”;

by re-lettering the existing paragraphs (i), (j) and (k) thereof as paragraphs (j), (k) and (l) respectively;

by deleting the full-stop appearing at the end of paragraph (l) thereof and substituting therefor a semi-colon; and

by adding thereto the following new paragraph: —“(m)any agent duly authorised to the satisfaction of the Registrar of Trade Marks drawing or preparing any form prescribed from time to time by rules made under the Trade Marks Ordinance (Cap. 185).”.

by deleting subsection (3) thereof; and

by renumbering the existing subsection (4) thereof as subsection (3).

by inserting immediately after the word “shall” appearing in the second line thereof the words “take place within twenty-one days after the annual general meeting and shall”; and

by deleting the words “take place” appearing in the second and third lines thereof and substituting therefor the word “be”.

by deleting the words “on each occasion on which he applies for an annual” appearing in the first and second lines thereof and substituting therefor the words “in each year prior to his application for a practising”; and

by deleting the words “an annual” appearing in the first line of the proviso thereto and substituting therefor the words “a practising”.

by inserting the word “or” at the end of paragraph (j) thereof;

by deleting paragraph (k) thereof; and

by re-lettering the existing paragraph (l) thereof as paragraph (k).

by inserting immediately after subsection (1) thereof the following new subsection: —“(1A) The Inquiry Committee shall also report to the Council where the Inquiry Committee is satisfied that there are no grounds for such an application or complaint.”;

by inserting immediately after the word “investigation” appearing in the last line of paragraph (b) of subsection (2) thereof the expression “and may require any person to give information in relation to such books, documents or papers”; and

by inserting immediately after the word “solicitor” appearing in the first line of subsection (3) thereof the words “and any other person”.

by deleting the words “sufficient cause” appearing in the first line of paragraph (b) of subsection (1) thereof and substituting therefor the words “cause of sufficient gravity”; and

by inserting immediately after the word “inform” appearing in the first line of subsection (2) thereof the words “the advocate and solicitor and”.

that while no cause of sufficient gravity for disciplinary action exists under the said section 87, the advocate and solicitor should be reprimanded; or

that cause of sufficient gravity for disciplinary action exists under the said section 87.”.

by deleting the words “or a Disciplinary Committee as the case may be” appearing in the second and third lines of subsection (1) thereof; and

by deleting the word “civil” appearing in subsection (5) thereof and substituting therefor the word “Judgment”.

by inserting at the end of paragraph (c) thereof the word “and”;

by deleting the expression “; and” appearing at the end of paragraph (d) thereof and substituting therefor a full-stop; and

by deleting paragraph (e) thereof.

by deleting the full-stop appearing at the end thereof and substituting therefor a colon; and

by inserting immediately thereafter the following proviso: —“Provided that if one of the parties holds out and does not agree to taxation the cost of obtaining an order of court shall be the sum of one hundred and fifty dollars.”.

Rules made under section 76 of this Act shall make provision for requiring a solicitor, in such cases as may be prescribed by the said rules, either —

to keep on deposit in a separate account at a bank for the benefit of the client money received for or on account of a client; or

to make good to the client out of the solicitor’s own money a sum equivalent to the interest which would have accrued if the money so received had been so kept on deposit.(2) The cases in which a solicitor may be required to act in accordance with any rules made pursuant to this section may be defined, among other things, by reference to the amount of any sum received or the period for which it is or is likely to be retained or both; and such rules may include provision for enabling a client (without prejudice to any other remedy) to require that any question arising under the said rules in relation to the client’s money be referred to and determined by the Society.(3) Except as provided by any rules made pursuant to this section, a solicitor shall not be liable by virtue of the relation between solicitor and client to account to any client for interest received by the solicitor on moneys deposited at a bank being moneys received or held for or on account of his clients generally.(4) Nothing in this section, or in any rules made pursuant to this section, shall —

affect any arrangement in writing, whenever made, between a solicitor and his client as to the application of the client money or interest thereon; or

apply to money received by a solicitor being money subject to a trust of which the solicitor is a trustee.”.

the status of any statutory or elected member of the Council who has been such a member for the year 1970; or

the validity of any practising certificate issued for that year.