Singapore legislation

Clause 26

Amendment of section 82A

In the principal Act, in section 82A —

(a)

in the section heading, replace “and non‑practising solicitors” with “, non‑practising solicitors, and lawyers (NP) with no provisional practising certificates”;

(b)

in subsection (1), replace “102” with “102C”;

(c)

in subsection (1), replace “or any advocate and solicitor” with “, any advocate and solicitor”;

(d)

in subsection (1), after “(called in this section a non‑practising solicitor)”, insert “, or any lawyer (NP) who, at the time of the misconduct, is not a practice trainee and does not have in force a provisional practising certificate (called in this section and section 82B a relevant lawyer (NP))”;

(e)

in subsection (2), replace “and non‑practising solicitors” with “, non‑practising solicitors and relevant lawyers (NP)”;

(f)

in subsection (3), replace “or a non‑practising solicitor” with “, a non‑practising solicitor or a relevant lawyer (NP)”;

(g)

in subsection (3)(a), replace “or an advocate and solicitor” with “, an advocate and solicitor or a lawyer (NP)”;

(h)

in subsections (4), (5), (6A), (8), (9), (10) and (12)(a), replace “or non‑practising solicitor” wherever it appears with “, non‑practising solicitor or relevant lawyer (NP)”;

(i)

in subsections (10) and (12)(c), after “the roll”, insert “of advocates and solicitors or the roll of lawyers (NP)”;

(j)

in subsection (12), replace paragraph (b) with —“(b)if he or she is a non‑practising solicitor — prohibit him or her from applying for a practising certificate for such period not exceeding 5 years as it may specify;

(ba)if he or she is a relevant lawyer (NP) — prohibit him or her from applying to the court for admission as an advocate and solicitor until after a date specified;”; and

(k)

after subsection (12), insert —“(12A) Without affecting subsection (12), if the non‑practising solicitor or relevant lawyer (NP) is also a regulated non‑practitioner, the court may also order one or both of the following:

(a)

the cancellation or suspension of his or her registration under section 36G;

(b)

that he or she divest himself or herself of any shares or equity interests he or she may have in the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice within such time as the Director of Legal Services may specify.(12B) When the court makes an order in subsection (12A)(b), the Director of Legal Services —

(a)

must enforce the order; and

(b)

must give the individual such further directions as the Director of Legal Services thinks proper for the purpose of giving effect to that order.”.

Read in full context — Legal Profession (Amendment) Bill →