Legal Profession (Continuing Professional Development) Rules 2012

These Rules may be cited as the Legal Profession (Continuing Professional Development) Rules 2012 and shall come into operation on 1st April 2012.

In these Rules, unless the context otherwise requires —“Accreditation Committee” means the Accreditation Committee appointed by the Board under rule 4(1);“accredited CPD activity” means a CPD activity accredited by the Accreditation Committee or by the Director under rule 4A;“Board” means the Board of Directors of the Institute;“Chairman” means the Chairman of the Institute;“Compliance Committee” means the Compliance Committee appointed by the Board under rule 5(1);“CPD activity” means an activity that —

contributes to the continuing professional development of a solicitor or foreign practitioner undertaking the activity; and

satisfies the requirements under rule 3;“CPD point” means a continuing professional development point which a solicitor or foreign practitioner obtains by undertaking any CPD activity;“CPD requirement” means a requirement relating to continuing professional development under rule 9, 10, 11 or 12(5) or (7);“CPD Review Board” means the CPD Review Board appointed by the Chairman under rule 7(1);“Director” means the Director of Continuing Professional Development appointed by the Board, and includes any Deputy Director of Continuing Professional Development appointed by the Board;“foreign practitioner” means a foreign lawyer who is registered under section 36B of the Act;“practice year” means the period from 1st April in any calendar year to 31st March in the next calendar year;“pro bono programme for law students” means a programme —

in which law students in the Faculty of Law of the National University of Singapore, the School of Law of the Singapore Management University or the School of Law of the Singapore University of Social Sciences, must participate in order to graduate; and

for which any services performed by a solicitor or foreign practitioner are not provided for or in expectation of any fee, gain or reward;“Programmes Committee” means the Programmes Committee appointed by the Board under rule 6(1).[Deleted by S 630/2016 wef 01/01/2017]

A CPD activity may consist of —

attending, or reviewing a recording of, any conference, lecture, seminar, workshop or discussion group that satisfies —

the requirements under paragraphs (2) and (3); or

the requirements under paragraphs (2A) and (3);

reviewing any multimedia, Internet-based, audio-visual, audio or video programme or material that satisfies —

the requirements under paragraph (2); or

the requirements under paragraph (2A);

writing an article that —

satisfies the requirements under paragraph (4); and

is published in any publication that the Institute may specify in any guidelines issued under rule 14, or that the Accreditation Committee may approve on a case by case basis;

teaching in, or acting as a subject-coordinator or an examiner for, any course or programme of the Institute that the Institute may specify in any guidelines issued under rule 14, or that the Accreditation Committee may approve on a case by case basis;

serving as a member of any committee, sub-committee, working party or advisory panel of the Academy, the Institute or the Society, in accordance with any guidelines issued under rule 14;

performing services for a pro bono programme for law students, in accordance with any guidelines issued under rule 14; (g) speaking, teaching or participating in a panel discussion in any conference, lecture, seminar or workshop that satisfies the requirements under paragraphs (3) and (4A); or

in the case of a foreign practitioner, speaking or teaching at or participating in a panel discussion in any conference, lecture, seminar or workshop that satisfies the requirements under paragraphs (3) and (4A).

Every conference, lecture, seminar, workshop or discussion group referred to in paragraph (1)(a)(i), or multimedia, Internet-based, audio-visual, audio or video programme or material referred to in paragraph (1)(b)(i), to which a CPD activity relates shall —

deal primarily with matters relating to the practice of law;

comprise significant intellectual or practical content; and

seek to extend the knowledge or skill of a solicitor or foreign practitioner undertaking the CPD activity in one or more areas that are relevant to the solicitor’s or foreign practitioner’s practice needs.

Every conference, lecture, seminar, workshop or discussion group referred to in paragraph (1)(a)(ii), or multimedia, Internet-based, audio-visual, audio or video programme or material referred to in paragraph (1)(b)(ii), to which a CPD activity relates shall —

comprise significant intellectual or practical content; and

deal primarily with, and seek to extend the knowledge or skill of a solicitor or foreign practitioner undertaking the CPD activity in, at least one of the following areas:

financial literacy;

information technology and computer literacy;

office productivity and management skills;

presentation and communication skills;

personal management and development skills;

any non-legal specialist knowledge relevant to the solicitor’s or foreign practitioner’s practice needs.

Every presentation at a conference, lecture, seminar, workshop or discussion group referred to in paragraph (1)(a), (g) or (h) shall be conducted by a person who is qualified to give the presentation by practical or academic experience in the subject matter of the presentation.

Every article referred to in paragraph (1)(c) shall —

deal primarily with matters relating to the practice of law; and

be of significant intellectual or practical content.

Every conference, lecture, seminar or workshop referred to in paragraph (1)(g) or (h) shall —

deal primarily with matters relating to the practice of law;

comprise significant intellectual or practical content; and

seek to extend the knowledge or skill of a solicitor or foreign practitioner attending the conference, lecture, seminar or workshop in one or more areas that are relevant to the solicitor’s or foreign practitioner’s practice needs.

Notwithstanding paragraphs (1) to (4A), where the Institute has specified, in any guidelines issued under rule 14, that an activity does not qualify as a CPD activity, that activity shall not be a CPD activity.

A CPD activity may consist of —

attending, or reviewing a recording of, any conference, lecture, seminar, workshop or discussion group that satisfies —

the requirements under paragraphs (2) and (3); or

the requirements under paragraphs (2A) and (3);

reviewing any multimedia, Internet-based, audio-visual, audio or video programme or material that satisfies —

the requirements under paragraph (2); or

the requirements under paragraph (2A);

writing an article that —

satisfies the requirements under paragraph (4); and

is published in any publication that the Institute may specify in any guidelines issued under rule 14, or that the Accreditation Committee may approve on a case by case basis;

teaching in, or acting as a subject-coordinator or an examiner for, any course or programme of the Institute that the Institute may specify in any guidelines issued under rule 14, or that the Accreditation Committee may approve on a case by case basis;

serving as a member of any committee, sub-committee, working party or advisory panel of the Academy, the Institute or the Society, in accordance with any guidelines issued under rule 14;

performing services for a pro bono programme for law students, in accordance with any guidelines issued under rule 14; (g) speaking, teaching or participating in a panel discussion in any conference, lecture, seminar or workshop that satisfies the requirements under paragraphs (3) and (4A); or

in the case of a foreign practitioner, speaking or teaching at or participating in a panel discussion in any conference, lecture, seminar or workshop that satisfies the requirements under paragraphs (3) and (4A).

Every conference, lecture, seminar, workshop or discussion group referred to in paragraph (1)(a)(i), or multimedia, Internet-based, audio-visual, audio or video programme or material referred to in paragraph (1)(b)(i), to which a CPD activity relates shall —

deal primarily with matters relating to the practice of law;

comprise significant intellectual or practical content; and

seek to extend the knowledge or skill of a solicitor or foreign practitioner undertaking the CPD activity in one or more areas that are relevant to the solicitor’s or foreign practitioner’s practice needs.

Every conference, lecture, seminar, workshop or discussion group referred to in paragraph (1)(a)(ii), or multimedia, Internet-based, audio-visual, audio or video programme or material referred to in paragraph (1)(b)(ii), to which a CPD activity relates shall —

comprise significant intellectual or practical content; and

deal primarily with, and seek to extend the knowledge or skill of a solicitor or foreign practitioner undertaking the CPD activity in, at least one of the following areas:

financial literacy;

information technology and computer literacy;

office productivity and management skills;

presentation and communication skills;

personal management and development skills;

any non-legal specialist knowledge relevant to the solicitor’s or foreign practitioner’s practice needs.

Every presentation at a conference, lecture, seminar, workshop or discussion group referred to in paragraph (1)(a), (g) or (h) shall be conducted by a person who is qualified to give the presentation by practical or academic experience in the subject matter of the presentation.

Every article referred to in paragraph (1)(c) shall —

deal primarily with matters relating to the practice of law; and

be of significant intellectual or practical content.

Every conference, lecture, seminar or workshop referred to in paragraph (1)(g) or (h) shall —

deal primarily with matters relating to the practice of law;

comprise significant intellectual or practical content; and

seek to extend the knowledge or skill of a solicitor or foreign practitioner attending the conference, lecture, seminar or workshop in one or more areas that are relevant to the solicitor’s or foreign practitioner’s practice needs.

Notwithstanding paragraphs (1) to (4A), where the Institute has specified, in any guidelines issued under rule 14, that an activity does not qualify as a CPD activity, that activity shall not be a CPD activity.

The Board may appoint, from among the members of the Board or from other persons, an Accreditation Committee consisting of a chairman and such number of members as the Board may determine to do any of the following:

to accredit any CPD activity, and to authorise any person to organise or administer an accredited CPD activity;

to determine the terms and conditions for the accreditation of a CPD activity, and the terms and conditions under which a person may organise or administer an accredited CPD activity;

to determine whether any activity or class of activities is a CPD activity or class of CPD activities, and to propose guidelines specifying the types of accredited CPD activities and other CPD activities, and the types of activities which do not qualify as CPD activities;

to propose guidelines specifying, and to approve on a case by case basis, any publication referred to in rule 3(1)(c)(ii);

to propose guidelines specifying, and to approve on a case by case basis, any course or programme of the Institute referred to in rule 3(1)(d);

to determine or approve the number of CPD points which may be obtained by undertaking any CPD activity or class of CPD activities, and to propose guidelines specifying, for each type of CPD activity, the manner in which the number of CPD points which may be obtained by undertaking that type of CPD activity is to be calculated;

to perform such other functions related to the matters referred to in sub-paragraphs (a) to (e) as the Board may determine from time to time.

The chairman and members of the Accreditation Committee shall each be appointed for such period as the Board may determine.

The Accreditation Committee may determine its own procedures.

The Accreditation Committee shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

The Board may appoint, from among the members of the Board or from other persons, an Accreditation Committee consisting of a chairman and such number of members as the Board may determine to do any of the following:

to accredit any CPD activity, and to authorise any person to organise or administer an accredited CPD activity;

to determine the terms and conditions for the accreditation of a CPD activity, and the terms and conditions under which a person may organise or administer an accredited CPD activity;

to determine whether any activity or class of activities is a CPD activity or class of CPD activities, and to propose guidelines specifying the types of accredited CPD activities and other CPD activities, and the types of activities which do not qualify as CPD activities;

to propose guidelines specifying, and to approve on a case by case basis, any publication referred to in rule 3(1)(c)(ii);

to propose guidelines specifying, and to approve on a case by case basis, any course or programme of the Institute referred to in rule 3(1)(d);

to determine or approve the number of CPD points which may be obtained by undertaking any CPD activity or class of CPD activities, and to propose guidelines specifying, for each type of CPD activity, the manner in which the number of CPD points which may be obtained by undertaking that type of CPD activity is to be calculated;

to perform such other functions related to the matters referred to in sub-paragraphs (a) to (e) as the Board may determine from time to time.

The chairman and members of the Accreditation Committee shall each be appointed for such period as the Board may determine.

The Accreditation Committee may determine its own procedures.

The Accreditation Committee shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

Without prejudice to rule 4, the Director may —

accredit any CPD activity for which up to 2 CPD points may be obtained by undertaking that activity; and

authorise any person to organise or administer any accredited CPD activity for which up to 2 CPD points may be obtained by undertaking that activity.

The Board may appoint, from among the members of the Board or from other persons, a Compliance Committee consisting of a chairman and such number of members as the Board may determine to do any of the following:

to propose guidelines, and to consider applications, for the full or partial waiver of any CPD requirement;

to establish a system for verifying whether a solicitor or foreign practitioner has complied with any CPD requirement;

to propose guidelines on the types of evidence that a solicitor or foreign practitioner shall maintain, and to determine whether any evidence provided by a solicitor or foreign practitioner is sufficient, to show that the solicitor or foreign practitioner has undertaken a CPD activity;

to determine and implement the measures to be taken against a solicitor or foreign practitioner who has failed to comply with any CPD requirement;

to perform such other functions related to the matters referred to in sub-paragraphs (a) to (d) as the Board may determine from time to time.

The chairman and members of the Compliance Committee shall each be appointed for such period as the Board may determine.

The Compliance Committee shall not be bound to act in a formal manner and may determine its own procedures.

The Compliance Committee shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

The Board may appoint, from among the members of the Board or from other persons, a Compliance Committee consisting of a chairman and such number of members as the Board may determine to do any of the following:

to propose guidelines, and to consider applications, for the full or partial waiver of any CPD requirement;

to establish a system for verifying whether a solicitor or foreign practitioner has complied with any CPD requirement;

to propose guidelines on the types of evidence that a solicitor or foreign practitioner shall maintain, and to determine whether any evidence provided by a solicitor or foreign practitioner is sufficient, to show that the solicitor or foreign practitioner has undertaken a CPD activity;

to determine and implement the measures to be taken against a solicitor or foreign practitioner who has failed to comply with any CPD requirement;

to perform such other functions related to the matters referred to in sub-paragraphs (a) to (d) as the Board may determine from time to time.

The chairman and members of the Compliance Committee shall each be appointed for such period as the Board may determine.

The Compliance Committee shall not be bound to act in a formal manner and may determine its own procedures.

The Compliance Committee shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

The Board may appoint, from among the members of the Board or from other persons, a Programmes Committee consisting of a chairman and such number of members as the Board may determine to do any of the following:

to recommend the types of CPD activities which should be undertaken by solicitors or foreign practitioners in general or by any class of solicitors or foreign practitioners;

to determine the types of CPD activities to be provided by the Institute or by any other person;

to determine whether any CPD activity should be designated as a mandatory CPD activity, or any category of CPD activities should be designated as a mandatory category of CPD activities, for the purposes of rule 9(1)(a) or (2)(a), either for solicitors or foreign practitioners in general or for any class of solicitors or foreign practitioners, and to propose guidelines designating those mandatory CPD activities or mandatory categories of CPD activities (if any);

to perform such other functions related to the matters referred to in sub-paragraphs (a), (b) and (c) as the Board may determine from time to time.

The chairman and members of the Programmes Committee shall each be appointed for such period as the Board may determine.

The Programmes Committee may determine its own procedures.

The Programmes Committee shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

The Board may appoint, from among the members of the Board or from other persons, a Programmes Committee consisting of a chairman and such number of members as the Board may determine to do any of the following:

to recommend the types of CPD activities which should be undertaken by solicitors or foreign practitioners in general or by any class of solicitors or foreign practitioners;

to determine the types of CPD activities to be provided by the Institute or by any other person;

to determine whether any CPD activity should be designated as a mandatory CPD activity, or any category of CPD activities should be designated as a mandatory category of CPD activities, for the purposes of rule 9(1)(a) or (2)(a), either for solicitors or foreign practitioners in general or for any class of solicitors or foreign practitioners, and to propose guidelines designating those mandatory CPD activities or mandatory categories of CPD activities (if any);

to perform such other functions related to the matters referred to in sub-paragraphs (a), (b) and (c) as the Board may determine from time to time.

The chairman and members of the Programmes Committee shall each be appointed for such period as the Board may determine.

The Programmes Committee may determine its own procedures.

The Programmes Committee shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

The Chairman may appoint any 3 members of the Board to constitute a CPD Review Board, and shall appoint one of the members of the CPD Review Board to preside over it.

The CPD Review Board may be appointed in connection with one or more matters or for a fixed period of time as the Chairman may think fit.

If any member of the CPD Review Board is unable to act for any reason in any case, the Chairman may appoint another member of the Board to replace him for that case.

A decision of the CPD Review Board shall be made by a majority vote of its members.

The CPD Review Board shall not be bound to act in a formal manner and may determine its own procedures.

The CPD Review Board shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

The Chairman may appoint any 3 members of the Board to constitute a CPD Review Board, and shall appoint one of the members of the CPD Review Board to preside over it.

The CPD Review Board may be appointed in connection with one or more matters or for a fixed period of time as the Chairman may think fit.

If any member of the CPD Review Board is unable to act for any reason in any case, the Chairman may appoint another member of the Board to replace him for that case.

A decision of the CPD Review Board shall be made by a majority vote of its members.

The CPD Review Board shall not be bound to act in a formal manner and may determine its own procedures.

The CPD Review Board shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

For the purposes of section 25(1)(ca) of the Act, in every practice year, a solicitor’s application for a practising certificate shall be accompanied by one of the following declarations:

a declaration stating that the solicitor has complied with every CPD requirement that was applicable to him at any time in the calendar year immediately preceding that practice year;

a declaration stating that —

the Compliance Committee has granted the solicitor a waiver of one or more of the CPD requirements that were applicable to him at any time in the calendar year immediately preceding that practice year; and

the solicitor has complied with every other CPD requirement that was applicable to him at any time in the calendar year immediately preceding that practice year;

a declaration stating that no CPD requirement was applicable to the solicitor at any time in the calendar year immediately preceding that practice year.