Singapore legislation
Regulation 19
Regulation 19
Period of maintenance of documents and records relating to relevant matters
Subregulation 1
For the purposes of section 70E(1)(a) and (3) of the Act, a legal practitioner must maintain a document or record relating to a relevant matter in which the legal practitioner acted for at least 5 years after the completion of the relevant matter.
Subregulation 2
For the purposes of section 70E(2)(a) and (3) of the Act, a law practice must maintain a document or record relating to a relevant matter in which the law practice, or any legal practitioner in the law practice, acted for at least 5 years after the completion of the relevant matter.
Subregulation 3
Despite paragraphs (1) and (2), where a legal practitioner who practises in a law practice, and who acted in a relevant matter while practising in the law practice, ceases to practise —
subject to sub-paragraph (b) —
the legal practitioner’s obligation under paragraph (1) to maintain a document or record relating to the relevant matter ceases when the legal practitioner ceases to practise; but(ii)the obligation of the law practice under paragraph (2) to maintain that document or record continues; or
if the law practice is dissolved, or the licence issued to the law practice is revoked, when the legal practitioner ceases to practise, and paragraph (5) does not apply —
the obligation of the law practice under paragraph (2) to maintain a document or record relating to the relevant matter ceases when the law practice is dissolved or the licence issued to the law practice is revoked (as the case may be); but(ii)the legal practitioner’s obligation under paragraph (1) to maintain that document or record continues, despite the legal practitioner ceasing to be a legal practitioner or to practise.
Subregulation 4
Despite paragraphs (1) and (2), where a legal practitioner who practises in a law practice (“Law Practice A”), and who acted in a relevant matter while practising in Law Practice A, joins a different law practice (“Law Practice B”) —
if Law Practice A (instead of the legal practitioner) continues to deal with the relevant matter, or continues to hold the documents and records relating to the relevant matter —
the legal practitioner’s obligation under paragraph (1) to maintain a document or record relating to the relevant matter ceases when the legal practitioner joins Law Practice B; but(ii)the obligation of Law Practice A under paragraph (2) to maintain that document or record continues;
if the legal practitioner (instead of Law Practice A) continues to deal with the relevant matter, or continues to hold the documents and records relating to the relevant matter —
the obligation of Law Practice A under paragraph (2) to maintain a document or record relating to the relevant matter ceases when the legal practitioner joins Law Practice B; but(ii)the legal practitioner’s obligation under paragraph (1) to maintain that document or record continues; or
if Law Practice A is dissolved, or the licence issued to Law Practice A is revoked, when the legal practitioner joins Law Practice B, and paragraph (5) does not apply —
the obligation of Law Practice A under paragraph (2) to maintain a document or record relating to the relevant matter ceases when Law Practice A is dissolved or the licence issued to Law Practice A is revoked (as the case may be); but(ii)the legal practitioner’s obligation under paragraph (1) to maintain that document or record continues, whether or not the legal practitioner continues to deal with the relevant matter, and whether or not the legal practitioner subsequently ceases to practise.
Subregulation 5
Despite paragraph (2), where a relevant matter in which a law practice (“Law Practice A”) acted is transferred to a different law practice (“Law Practice B”) before or when Law Practice A is dissolved, or the licence issued to Law Practice A is revoked, the obligation under that paragraph to maintain a document or record relating to the relevant matter is transferred, for the remainder of the period under that paragraph, from Law Practice A to Law Practice B together with the relevant matter.