Legal Profession (Solicitors’ Compensation Fund) Rules

Legal Profession Act

(Chapter 161, Section 75(15))

R 7

G.N. No. S 120/1975

REVISED EDITION 2010

(31st May 2010)

[6th June 1975]

Citation

1. These Rules may be cited as the Legal Profession (Solicitors’ Compensation Fund) Rules.

Applicant for grant to complete notice of loss in Form A

2. Before or at the time of making an application to the Council for a grant out of the Compensation Fund established under section 75 of the Act, an applicant shall complete, sign and deliver to the Secretary of the Society a notice in the Form A set out in the Schedule or in a form to the like effect approved by the Council.

Notice to be delivered to Law Society

3. Every such notice shall be delivered to the Secretary of the Society within 6 months (or such other period not exceeding 2 years as the Council may allow in any particular case) after the loss, in respect of which the notice is delivered, first came to the knowledge of the applicant.

Notice with application

4. Every such notice shall be accompanied by an application for a grant out of the Compensation Fund, except where it is impracticable to deliver the application with the notice, in which case the application shall be delivered to the Secretary of the Society as soon as practicable after the delivery of the notice.

Application

5. Every application shall be made in the Form B set out in the Schedule or in a form to the like effect approved by the Council. The Council may require an applicant to make a statutory declaration in support of his application.

Evidence in support of application

6. The Council may require an application to be supported by oral evidence to be tendered and documents to be produced to the Council or any Committee appointed and authorised by the Council to exercise or to assist the Council in the exercise of its functions under section 75 of the Act.

Powers of Council in respect of application

7. The Council may, before deciding whether or not to make a grant out of the Compensation Fund, require in respect of any application the pursuit of any civil remedy which may be available in respect of the loss, or the institution of criminal proceedings in respect of the dishonesty leading to the loss, or the making of an application to a Disciplinary Committee.

Waiver

8. The Council may in any particular case waive any of the provisions of these Rules or permit the amendment of any notice or application.

Communications of Council

9. Any requirement of the Council under these Rules may be communicated by a notice in writing which may be delivered personally or sent by post to the addressee at his last known address. Any such notice sent by post shall be deemed to have been received by the addressee within 48 hours (excluding Sundays and Public Holidays) of the time of posting.

THE SCHEDULE

FORM A

Rule 2

LEGAL PROFESSION

(SOLICITORS’ COMPENSATION FUND)

RULES

NOTICE OF LOSS

To:	The Secretary,

The Law Society of Singapore,

39 South Bridge Road,

Singapore 058673.

I, ...................................................................................................................

(Full name)

of ........................................................................................................................

(Address)

hereby give notice that I have incurred a loss of approximately $.....................

(Amount)

which I believe to be due to the dishonesty of ………………………………...

…………………………………………………………………………………

(Full name of solicitor or firm of solicitors)

or his/their clerk(s). The details relating thereto are set out in the Schedule of

Particulars attached —

*(a)	to the application which accompanies this notice;

*(b)	to this notice and I also give notice that an application for a grant may be made in due course.

Dated this ......... day of ........................ 20......

......................................

(Signature)

*Delete whichever is applicable.

FORM B

Rule 5

LEGAL PROFESSION ACT
(CHAPTER 161)

LEGAL PROFESSION
(SOLICITORS’ COMPENSATION FUND)
RULES

FORM OF APPLICATION FOR
A GRANT OUT OF THE COMPENSATION FUND

To:	The Secretary,

The Law Society of Singapore,

39 South Bridge Road,

Singapore 058673.

I, ...................................................................................................................

(Full name of applicant)

of ........................................................................................................................

(Address of applicant)

hereby apply to the Council of the Law Society of Singapore that in the exercise of the absolute discretion conferred upon the Council by

the Legal Profession Act, the Council makes to me a grant of $.......................

(Amount)

or any sum which the Council may think proper out of the Compensation Fund for the purpose of relieving or mitigating a loss which I believe to have incurred by reason of the dishonesty of

…………………………………………………………………………………

(Full name of solicitor or firm of solicitors)

or his/their clerk(s). A Notice of Loss was forwarded to the Society on

………………………….. and full details relative to this claim are set out in

(Date Notice despatched)

the Schedule of Particulars attached to this application.

Dated this ......... day of ........................ 20......

................................................

(Signature)

(Schedule of Particulars to be annexed to Form A or B)

This Schedule should contain the following information which should be given concisely in numbered paragraphs:

1. The circumstances in which and the date or dates on which the money or other property, in respect of which the loss incurred came into the possession of the solicitor or his clerk or employee.

2. Full particulars of the money or property.

3. The facts relied upon in support of the allegation of dishonesty or failure to account.

4. The circumstances in and the date on which the loss first came to the knowledge of the applicant.

5. Particulars of any relevant documents which can be produced in support of this application.

6. Whether it is known that any other application is likely to be made in respect of the facts set out in this Schedule.

7. Whether any civil, criminal or disciplinary proceedings have or will be taken in respect of the facts set out in this application. If proceedings have already been taken, give the result.

8. The name and address of any solicitor instructed on behalf of the applicant.

9. Any other relevant particulars.

[G.N. No. S 120/75]

LEGISLATIVE HISTORY

Legal Profession (Solicitors’ Compensation Fund) Rules

This Legislative History is provided for the convenience of users of the Legal Profession (Solicitors’ Compensation Fund) Rules. It is not part of these Rules.

G. N. No. S 120/1975—Solicitors’ Compensation Fund Rules 1975

Date of commencement

6 June 1975

1990 Revised Edition—Legal Profession (Solicitors’ Compensation Fund) Rules

Date of operation

25 March 1992

2010 Revised Edition—Legal Profession (Solicitors’ Compensation Fund) Rules

Date of operation

31 May 2010