Singapore legislation
Regulation 5
Regulation 5
Honesty, competence and diligence
Subregulation 1
The following principles guide the interpretation of this rule.Principles(a)The relationship between a legal practitioner and his or her client imports a duty to be honest in all dealings with the client.(b)A legal practitioner must have the requisite knowledge, skill and experience to provide competent advice and representation to his or her client.(c)A legal practitioner has a duty to be diligent in the advice and information given to his or her client, and in the manner the legal practitioner represents the client.
Subregulation 2
A legal practitioner must —
be honest in all the legal practitioner’s dealings with his or her client;
when advising the client, inform the client of all information known to the legal practitioner that may reasonably affect the interests of the client in the matter, other than —
any information that the legal practitioner is precluded, by any overriding duty of confidentiality, from disclosing to the client; and
any information that the client has agreed in writing need not be disclosed to the client;
act with reasonable diligence and competence in the provision of services to the client;
ensure that the legal practitioner has the relevant knowledge, skills and attributes required for each matter undertaken on behalf of the client, and apply the knowledge, skills and attributes in a manner appropriate to that matter;
keep the client reasonably informed of the progress of the client’s matter;
where practicable, promptly respond to the client’s communications;
keep appointments with the client;
provide timely advice to the client;
follow all lawful, proper and reasonable instructions that the client is competent to give;
use all legal means to advance the client’s interests, to the extent that the legal practitioner may reasonably be expected to do so; and
keep proper contemporaneous records of all instructions received from, and all advice rendered to, the client.
Subregulation 3
The circumstances, nature and terms of engagement of a legal practitioner by his or her client are to be taken into account when considering whether the legal practitioner has complied with paragraph (2).
Subregulation 4
A legal practitioner must, as far as reasonably possible, continue to act for his or her client in the client’s best interests, after the client’s ability to make any decision is impaired because of any mental disability or for any other reason.
Subregulation 5
When a legal practitioner is given instructions purportedly on behalf of his or her client, the legal practitioner must —
ensure that the person giving those instructions has the authority to give those instructions on behalf of the client; or
if there is no evidence of such authority, obtain the client’s confirmation of those instructions within a reasonable time after receiving those instructions.