Singapore legislation

Regulation 15A

of Legal Profession (Professional Conduct) Rules 2015

Regulation 15A

Representing client in family proceedings

Amended byS 82/2018 wef 12/02/2018

Subregulation 1

The following principles guide the interpretation of this rule.Principles(a)A legal practitioner who represents a client in any family proceedings must be conscious that the client’s interests may be affected by considerations such as the interests of a child, the psychological health of the client, and the desirability of reducing conflict.(b)A legal practitioner who represents a client in any family proceedings must, whenever it is reasonably possible, be constructive and conciliatory in the conduct of those proceedings and all matters relating to those proceedings, from the time those proceedings are contemplated until the resolution of those proceedings.

Subregulation 2

A legal practitioner who represents a client in any family proceedings must —

(a)

from the time those proceedings are contemplated, inform the client of all available dispute resolution options (including, but not limited to, mediation and counselling) that are reasonably available to the client, so as to enable the client to make an informed decision on how to resolve those proceedings;

(b)

from the time those proceedings are contemplated, and whenever it is reasonably possible, advise the client to consider resolving those proceedings amicably; and

(c)

advise the client to be constructive and reasonable when participating in those proceedings.

Subregulation 3

Where a legal practitioner represents a client in any family proceedings involving any child, the legal practitioner must —

(a)

advise the client that when the court makes any decision affecting the child, the welfare and best interests of the child take precedence over —

(i)

the wishes of either parent of the child; and

(ii)

the wishes of the child; and

(b)

advise the client to consider the welfare of the child, and the potentially adverse impact of those proceedings on the child.

Subregulation 4

In this rule, “child” means an individual who is below 21 years of age.