Schedule 1

This Code of Ethics applies to every registered foreign lawyer.(2) This Code of Ethics applies, with the necessary modifications, to —

every foreign lawyer who is granted restricted registration; and

every registered law expert,as it applies to a registered foreign lawyer.[S 696/2018 wef 01/11/2018]Definitions

any person who, as a principal or on behalf of another person, retains or employs, or is about to retain or employ, a registered foreign lawyer, a foreign lawyer who is granted restricted registration, or a registered law expert;

any person who is or may be liable to pay the costs of any of the following persons:

a registered foreign lawyer;

a foreign lawyer who is granted restricted registration;

a registered law expert;

the law practice of a registered foreign lawyer or a foreign lawyer who is granted restricted registration;

the law practice, or any other institution or organisation, that employs or is affiliated with a registered law expert;[S 696/2018 wef 01/11/2018]“Court” means —

the Singapore International Commercial Court constituted as a division of the General Division of the High Court under section 18A of the Supreme Court of Judicature Act (Cap. 322); or[S 1041/2020 wef 02/01/2021](b)the appellate court, when constituted to hear any relevant appeal;[S 1041/2020 wef 02/01/2021][S 755/2022 wef 01/10/2022]“registered foreign lawyer” means a foreign lawyer who is granted full registration;[S 696/2018 wef 01/11/2018]“Third-Party Funder” has the meaning given by section 5B(10) of the Civil Law Act (Cap. 43);[S 383/2021 wef 28/06/2021]“third-party funding contract” has the meaning given by section 5B(10) of the Civil Law Act;[S 383/2021 wef 28/06/2021]“witness” includes an expert witness.Duties to Court and client

has a duty of loyalty to each client whom the registered foreign lawyer represents; and

has an obligation to present the client’s case to the Court in a manner which is consistent with the interests of justice and the ethical responsibilities of the registered foreign lawyer.Party representation

must, at the earliest opportunity, inform the Court and every other party to the proceedings or appeal of the identity of the registered foreign lawyer and that the registered foreign lawyer represents the client; and

must promptly inform the Court and every other party to the proceedings or appeal of any change in such representation.[S 218/2022 wef 01/04/2022]Disclosure of third-party funding4A.—

When conducting any preliminary proceedings, relevant proceedings or relevant appeal before the Court, a registered foreign lawyer must disclose to the Court, and to every other party to the proceedings or appeal —

the existence of any third-party funding contract related to the costs of the proceedings or appeal; and

the identity and address of any Third-Party Funder involved in funding the costs of the proceedings or appeal.[S 218/2022 wef 01/04/2022](2) The disclosure under sub-paragraph (1) must be made —

on the date of commencement of the preliminary proceedings, relevant proceedings or relevant appeal where the third-party funding contract is entered into before the date of commencement of those proceedings or that appeal; or[S 218/2022 wef 01/04/2022](b)as soon as practicable after the third-party funding contract is entered into where the third-party funding contract is entered into on or after the date of commencement of the preliminary proceedings, relevant proceedings or relevant appeal.[S 218/2022 wef 01/04/2022][S 383/2021 wef 28/06/2021]Prohibition against financial and other interests in Third-Party Funder4B.—

A registered foreign lawyer must not, directly or indirectly, hold any share or other ownership interest in a Third-Party Funder if —

the registered foreign lawyer represents a client in any preliminary proceedings, relevant proceedings or relevant appeal; and[S 218/2022 wef 01/04/2022](b)that client has a third-party funding contract with the Third-Party Funder in relation to such proceedings or appeal.Illustration Where a registered foreign lawyer directly holds a share or other ownership interest in the law practice of which he or she is a member and that law practice in turn holds a share or other ownership interest in the Third-Party Funder, the registered foreign lawyer indirectly holds an ownership interest in the Third-Party Funder.(2) A registered foreign lawyer must not, directly or indirectly, receive any commission, fee or share of proceeds from the Third-Party Funder mentioned in sub-paragraph (1).Illustration Where the law practice, of which a registered foreign lawyer is a member, receives a commission, fee or share of proceeds from the Third-Party Funder and that law practice passes on the benefits from such commission, fee or share of proceeds to the registered foreign lawyer through a share of the profits of the practice, dividends or other remuneration, the registered foreign lawyer indirectly receives that commission, fee or share of proceeds from that Third-Party Funder.(3) Sub-paragraph (2) does not prohibit a registered foreign lawyer from receiving any fee, disbursement or expense payable by the client mentioned in sub-paragraph (1) for the provision of legal services by the registered foreign lawyer or the law practice of which the registered foreign lawyer is a member to that client.[S 383/2021 wef 28/06/2021]Acting when material witness5.—

Where after a registered foreign lawyer acts for a client in a matter, it becomes known or apparent to the registered foreign lawyer that the registered foreign lawyer will be required to give evidence material to the determination of any contested issue before the Court in that matter —

the registered foreign lawyer must cease to act in that matter; but(b)the law practice of which the registered foreign lawyer is a member, or any other member of that law practice, may continue to represent the client, unless doing so would prejudice the administration of justice.(2) Where before a registered foreign lawyer acts for a party in a matter, it becomes known or apparent to the registered foreign lawyer that the registered foreign lawyer will be required to give evidence material to the determination of any contested issue before the Court in that matter —

the registered foreign lawyer must not act for any party in that matter; but(b)the law practice of which the registered foreign lawyer is a member, or any other member of that law practice, may represent a party in that matter, unless doing so would prejudice the administration of justice.Relationship with Court or client6.—

A registered foreign lawyer must not appear before the Court in a matter where —

by reason of the registered foreign lawyer’s relationship with a judge of the Court or any individual sitting with the Court, the impartial administration of justice may appear to be prejudiced; or

by reason of the registered foreign lawyer’s relationship with a client, it will be difficult for the registered foreign lawyer to maintain the professional independence of the registered foreign lawyer.(2) Where sub-paragraph (a) or (b) of sub-paragraph (1) applies, the registered foreign lawyer must notify the Court of the relationship referred to in the applicable sub-paragraph, and cease to participate in the whole, or such part, of the matter as the Court may direct.Communication with Court7.—

Subject to sub-paragraph (2), a registered foreign lawyer must not have any communication with the Court, or with a judge of the Court, in the absence of the other party or parties, concerning any preliminary proceedings, relevant proceedings or relevant appeal —

which are or is, or will be, before the Court; and

in respect of which the registered foreign lawyer represents any party or any other interested person.(2) A registered foreign lawyer may have communications with the Court in the absence of the other party or parties, in relation to any application for relief that is an application without notice, in accordance with any practice directions issued in respect of applications without notice.(3) If, despite sub-paragraph (1), a registered foreign lawyer has any communication with the Court, or with a judge of the Court, in the absence of the other party or parties, regarding any preliminary proceedings, relevant proceedings or relevant appeal which are or is, or will be, before the Court, the registered foreign lawyer must inform every other party to the proceedings or appeal of the communication, and the circumstances of the communication, as soon as possible.[S 218/2022 wef 01/04/2022]Submissions to Court8.—

A registered foreign lawyer must not knowingly make any false submission of fact or law to the Court.(2) If a registered foreign lawyer learns that the registered foreign lawyer has made a false submission of fact or law to the Court, the registered foreign lawyer must promptly correct the submission, unless the registered foreign lawyer is precluded from doing so by any obligation to maintain confidentiality or any privilege as between the registered foreign lawyer and a client.(3) A registered foreign lawyer must not in any way knowingly mislead or attempt to mislead —

the Court;

any solicitor, any other registered foreign lawyer or any witness in any preliminary proceedings, relevant proceedings or relevant appeal; or[S 218/2022 wef 01/04/2022](c)any officer of, or any other person or organisation involved in or associated with, the Court.Evidence9.—

A registered foreign lawyer must not present any evidence which the registered foreign lawyer knows to be false.(2) Where a registered foreign lawyer is or becomes aware that a client will give, or has given, false evidence to the Court —

the registered foreign lawyer may cease to act for the client; or

if the registered foreign lawyer continues to act for the client, the registered foreign lawyer must conduct the case in a manner that does not perpetuate the falsehood.(3) Where a registered foreign lawyer is or becomes aware that a witness for a client will give, or has given, false evidence to the Court —

the registered foreign lawyer must promptly advise the client of —

the need to take such remedial measures as may be appropriate in the circumstances; and

the consequences of failing to take such measures;

unless the registered foreign lawyer is precluded from doing so by any obligation to maintain confidentiality or any privilege as between the registered foreign lawyer and the client, the registered foreign lawyer —

must promptly take such remedial measures as may be appropriate in the circumstances; or

may cease to act for the client, if the circumstances so warrant.(4) For the purposes of sub-paragraph (3), the appropriate remedial measures may include one or more of the following measures:

advising the witness to testify truthfully;

taking reasonable steps to deter the witness from giving false evidence;

urging the witness to correct or withdraw the false evidence;

correcting or withdrawing the false evidence.Information exchange and disclosure10.—

A registered foreign lawyer must, as soon as practicable, inform a client of the need to preserve, so far as reasonably possible, every document which is potentially relevant to any preliminary proceedings, relevant proceedings or relevant appeal to which the client is a party.[S 218/2022 wef 01/04/2022](2) The registered foreign lawyer must not make any application or request for the discovery or production of any document, or raise any objection to any such application or request, for an improper purpose, such as to harass or to cause delay.(3) The registered foreign lawyer must explain to the client the need to produce, and the potential consequences of failing to produce, any document which the client has undertaken, or has been ordered, to produce.(4) The registered foreign lawyer must advise the client to take, and must assist the client in taking, reasonable steps to ensure —

that reasonable efforts have been made to search for each document that the client has undertaken, or has been ordered, to produce; and

that the client produces —

every document which the client relies on;

every document which the client is requested to produce (not being a document which the client objects to producing, for instance, on the ground of privilege); and

every document which the client is ordered by the Court to produce.(5) The registered foreign lawyer must not suppress or conceal, or advise a client to suppress or conceal, any document which has been requested for by any other party to the preliminary proceedings, relevant proceedings or relevant appeal, or which the client has undertaken, or has been ordered, to produce.[S 218/2022 wef 01/04/2022](6) If, during the course of the preliminary proceedings, relevant proceedings or relevant appeal, the registered foreign lawyer becomes aware of the existence of any document which should have been but was not produced, the registered foreign lawyer must advise the client of the need to produce the document and of the consequences of failing to do so.[S 218/2022 wef 01/04/2022](7) In this paragraph, “document” includes an electronic document that would, unless preserved under sub-paragraph (1), be deleted in accordance with a document retention policy or in the ordinary course of business.Approaching of potential witness11.—

Before seeking any information from a potential witness, a registered foreign lawyer must inform the potential witness of —

the identity of the registered foreign lawyer;

the identity of the party whom the registered foreign lawyer represents; and

the reason for which the information is sought.(2) The registered foreign lawyer must inform the potential witness that the potential witness has the right —

to inform or instruct the potential witness’ own legal counsel about the communication between the registered foreign lawyer and the potential witness; and

to discontinue that communication.Preparation of witness’ affidavit, etc.12.—

A registered foreign lawyer may —

assist any witness in the preparation of the witness’ affidavit or witness statement; and

assist any expert witness in the preparation of the witness’ expert report.(2) A registered foreign lawyer must ensure that —

any affidavit or witness statement prepared with the assistance of the registered foreign lawyer and submitted by a witness reflects the witness’ own account of the relevant facts, events and circumstances; and

any expert report prepared with the assistance of the registered foreign lawyer and submitted by an expert witness reflects the expert witness’s own analysis and opinion.(3) A registered foreign lawyer must not invite or encourage any witness (including an expert witness) to give false evidence.Communication with witness13.—

Subject to sub-paragraph (2), a registered foreign lawyer may meet or interact with any witness in order to discuss and prepare the witness’ prospective testimony in any relevant proceedings or preliminary proceedings relating to the relevant proceedings.[S 218/2022 wef 01/04/2022](2) Except with the permission of the Court, a registered foreign lawyer must not interview a witness called on behalf of a client in any relevant proceedings or preliminary proceedings relating to the relevant proceedings before the Court (called in this sub-paragraph the relevant witness), or discuss with the relevant witness the evidence of the relevant witness or any other witness, while the relevant witness is under cross-examination in those proceedings.[S 218/2022 wef 01/04/2022]Respect for Court and related responsibilities14.—

A registered foreign lawyer must always be respectful to the Court.(2) When participating in any preliminary proceedings, relevant proceedings or relevant appeal, a registered foreign lawyer must always be courteous to the Court and to every other person involved in those proceedings or appeal.[S 218/2022 wef 01/04/2022](3) When acting for a client in any preliminary proceedings, relevant proceedings or relevant appeal before the Court, a registered foreign lawyer —

must not express the registered foreign lawyer’s personal opinion of the client’s conduct or allow the registered foreign lawyer’s personal feelings to affect the registered foreign lawyer’s duty to the Court;

must not knowingly or recklessly advance any submission, opinion or proposition which the registered foreign lawyer knows, or ought reasonably to know, is contrary to the law;

must disclose to the Court every relevant fact, item of evidence, item of information or other matter which the registered foreign lawyer is required by law to disclose to the Court in those proceedings or appeal; and[S 218/2022 wef 01/04/2022](d)must disclose to the Court every relevant legal authority (including every adverse legal authority), and every procedural irregularity, of which the registered foreign lawyer is aware.[S 218/2022 wef 01/04/2022](4) A registered foreign lawyer must honour the terms of any professional undertaking given to the Court, a solicitor, a person admitted under section 15 of the Act, any other registered foreign lawyer, a client or any other person.(5) A registered foreign lawyer must not give an undertaking to the Court, unless the registered foreign lawyer —

believes that the undertaking is necessary; and

is convinced (at the time the undertaking is given) that the registered foreign lawyer is able to honour the undertaking.(6) A registered foreign lawyer must not publish, and must not take any step which may lead to the publication of, any material concerning any current preliminary proceedings, relevant proceedings or relevant appeal, whether or not on behalf of a client, if such publication —

amounts to contempt of the Court; or

is calculated to interfere with the fair trial of the proceedings or the fair hearing of the appeal, or to prejudice the administration of justice.[S 218/2022 wef 01/04/2022]Duty to rectify contravention of Code of Ethics

disclose the contravention to the Court; and

take reasonable steps to rectify the contravention.Code of Ethics to prevail over foreign rules on ethics or professional conduct