Singapore legislation

Regulation 9

of Legal Profession (Solicitors’ Accounts) Rules

Regulation 9

Where solicitor under no obligation to pay client’s money into client account

Amended byS 395/2011 wef 01/08/2011

Subregulation 1

Notwithstanding the provisions of these Rules, a solicitor shall not be under obligation to pay into a client account client’s money held or received by him —

(a)

in the form of cash, and is without delay paid in cash in the ordinary course of business to the client or on his behalf to a third party;

(b)

in the form of a cheque or draft which is endorsed over in the ordinary course of business to the client or on his behalf to a third party and is not passed by the solicitor through a bank account or an account with an approved finance company account; or

(c)

which he pays into a separate bank account or into a separate account with an approved finance company opened or to be opened in the name of the client or of some person designated by the client in writing.

Subregulation 2

Notwithstanding the provisions of these Rules, a solicitor shall not pay into a client account, money held or received by him —

(a)

which the client for his own convenience requests the solicitor in writing to withhold from such account;

(b)

for or towards payment of a debt due to the solicitor from the client or in reimbursement of money expended by the solicitor on behalf of the client; or

(c)

which is expressly paid to him —

(i)

on account of costs incurred, in respect of which a bill of costs or other written intimation of the amount of the costs has been delivered for payment; or

(ii)

as an agreed fee (or on account of an agreed fee) for business undertaken or to be undertaken.

Subregulation 3

Amended byS 395/2011 wef 01/08/2011

Where money includes client’s money as well as money of the nature described in paragraph (2), that money shall be dealt with in accordance with rule 5(3).

Subregulation 4

Notwithstanding the provisions of these Rules, the Council may upon an application made to it by a solicitor specifically authorise him in writing to withhold any client’s money from a client account.