Legal Profession (Provisional Practising Certificate) Rules 2024

Source: Singapore Statutes Online | Archived by Legal Wires

No. S 606
Legal Profession Act 1966
Legal Profession
(Provisional Practising Certificate)
Rules 2024
In exercise of the powers conferred by section 18(9) of the Legal Profession Act 1966, the Council of the Law Society of Singapore makes the following Rules:
Citation and commencement
1.  These Rules are the Legal Profession (Provisional Practising Certificate) Rules 2024 and come into operation on 24 July 2024.
Definitions
2.  In these Rules —
“conveyancing account”, “conveyancing (CPF) account” and “conveyancing money” have the meanings given by rule 2(2) of the Conveyancing and Law of Property (Conveyancing) Rules 2011 (G.N. No. S 391/2011);
“Provisional Practising Certificate Training Course” means the course approved by the Council for the training of a lawyer (NP) who intends to apply to the Registrar for a provisional practising certificate under section 18 of the Act;
“Society’s website” means the website at https://www.lawsociety.org.sg;
“supervising solicitor” has the meaning given by rule 2 of the Legal Profession (Admission) Rules 2024 (G.N. No. S 597/2024);
“trust account” has the meaning given by rule 2 of the Legal Profession (Solicitors’ Trust Accounts) Rules (R 9).
Prescribed period of practice training period
3.  For the purposes of section 18(1)(b) of the Act, the prescribed period of a lawyer (NP)’s practice training period is 6 months.
Prescribed information and documents
4.  For the purposes of section 18(3)(a) of the Act, an application by a lawyer (NP) (X) to the Registrar for a provisional practising certificate must be accompanied by the following:
(a)a declaration in writing, in the form specified on the Society’s website, by the supervising solicitor currently supervising X as regards the training X is receiving during his or her practice training period, stating that —
(i)X has completed the prescribed period of his or her practice training period mentioned in rule 3;
(ii)the supervising solicitor will continue to supervise X as regards the training X is receiving —
(A)during the remainder of his or her practice training period; and
(B)after the end of that practice training period and before he or she is admitted as an advocate and solicitor;
(iii)the supervising solicitor has complied with the requirements to be the supervising solicitor of X in the Legal Profession (Admission) Rules 2024; and
(iv)the supervising solicitor has been approved by the Institute to supervise X for the periods mentioned in sub‑paragraph (ii)(A) and (B);
(b)a declaration in writing, by X, stating —
(i)X’s full name;
(ii)the full name of the supervising solicitor supervising X;
(iii)the name of the Singapore law practice in which X is serving X’s practice training period;
(iv)the principal address, and every other address in Singapore, of that Singapore law practice;
(v)that X is not disqualified under section 23(1) of the Act from applying for a provisional practising certificate; and
(vi)that X has paid, or has made arrangements to pay, all moneys, contributions and subscriptions payable by X under the Singapore Academy of Law Act 1988 (including any rules made under that Act);
(c)the prescribed fee.
Conditions applicable to provisional practising certificates
5.  For the purposes of section 18(9)(c) of the Act, the prescribed conditions that apply to a provisional practising certificate that is issued to a lawyer (NP) are as follows:
(a)the lawyer (NP) must not hold or receive client’s money, conveyancing money or trust money or any security on behalf of a client;
(b)the lawyer (NP) must not open, maintain or operate any client account, conveyancing account, conveyancing (CPF) account or trust account;
(c)the lawyer (NP) must not give instructions in respect of any client account, conveyancing account, conveyancing (CPF) account or trust account;
(d)the lawyer (NP) must not sign any cheque or effect any instruction for the withdrawal of money from a client account, conveyancing account, conveyancing (CPF) account or trust account;
(e)the lawyer (NP) must not sign any bill of costs mentioned in section 118 of the Act, or any letter accompanying that bill;
(f)the lawyer (NP) must not act as a solicitor‑trustee;
(g)the lawyer (NP) must be supervised by the supervising solicitor mentioned in rule 4(a) in doing any act in the capacity of an advocate and solicitor.
Training requirements
6.  For the purposes of section 18(1)(c) of the Act, a lawyer (NP) must successfully complete the Provisional Practising Certificate Training Course before applying to the Registrar for a provisional practising certificate.
Evidence
7.  The Registrar or the Council, in his, her or its discretion, may require a statutory declaration or any other evidence that the Registrar or the Council may consider necessary to support any facts, circumstances or particulars contained in any application or statement given under these Rules.
Form of provisional practising certificate
8.  A provisional practising certificate must be in either Form A or Form B set out in the Schedule.
Prescribed particulars under section 24(1) of Act
9.  For the purposes of section 18(9)(a) of the Act, the prescribed particulars under section 24(1) of the Act to be entered in the register of provisional practitioners are the particulars of each holder of a provisional practising certificate listed in rule 4(b)(i) to (iv) that are stated in a declaration made under rule 4(b).
Cessation of provisional practising certificate
10.  For the purposes of section 18(7)(c) of the Act, a provisional practising certificate ceases to be in force when —
(a)the lawyer (NP) ceases to be a practice trainee;
(b)the lawyer (NP) leaves the Singapore law practice mentioned in rule 4(b)(iii); or
(c)the lawyer (NP) ceases to be supervised by the supervising solicitor mentioned in rule 4(a) in the Singapore law practice.
THE SCHEDULE
Rule 8
FORM A
Rule 8
LEGAL PROFESSION ACT 1966
PROVISIONAL PRACTISING CERTIFICATE
_______________ [name of lawyer (NP)], having duly made application and satisfied the requirements of the Legal Profession Act 1966, is authorised to practise provisionally as an advocate and solicitor in Singapore for a period of 12 months starting on the date of issue of this Provisional Practising Certificate or until _______________ [name of lawyer (NP)] is admitted as an advocate and solicitor under section 12 of the Legal Profession Act 1966, whichever is earlier, subject to the conditions contained in the Schedule annexed to this Provisional Practising Certificate.
THE SCHEDULE
The Provisional Practising Certificate of _______________________ [name of lawyer (NP)] dated __________________ is issued subject to the following conditions:
(i)That _______________ [name of lawyer (NP)] must not:
(a)hold or receive client’s money, conveyancing money or trust money or any security on behalf of a client;
(b)open, maintain or operate any client account, conveyancing account, conveyancing (CPF) account or trust account;
(c)give instructions in respect of any client account, conveyancing account, conveyancing (CPF) account or trust account;
(d)sign any cheque or effect any instruction for the withdrawal of money from a client account, conveyancing account, conveyancing (CPF) account or trust account;
(e)sign any bill of costs mentioned in section 118 of the Act, or any letter accompanying that bill;
(f)act as a solicitor‑trustee.
(ii)That _______________ [name of lawyer (NP)] must be supervised by his or her supervising solicitor in doing any act in the capacity of an advocate and solicitor.
 
 
Dated ________________________.
 
 
REGISTRAR
SUPREME COURT,
SINGAPORE.
FORM B
Rule 8
LEGAL PROFESSION ACT 1966
PROVISIONAL PRACTISING CERTIFICATE
_______________ [name of lawyer (NP)], having duly made an application for a Provisional Practising Certificate under and satisfied the requirements of the Legal Profession Act 1966, is authorised to practise provisionally as an advocate and solicitor in Singapore for a period of 12 months starting on the date of issue of this Provisional Practising Certificate or until _______________ [name of lawyer (NP)] is admitted as an advocate and solicitor under section 12 of the Legal Profession Act 1966, whichever is earlier, subject to the conditions contained in the First and Second Schedules annexed to this Provisional Practising Certificate.
 
 
Dated ________________________.
 
 
REGISTRAR
SUPREME COURT,
SINGAPORE.
FIRST SCHEDULE
The Provisional Practising Certificate of _______________________ [name of lawyer (NP)] dated __________________ is issued subject to the following conditions:
(i)That _______________ [name of lawyer (NP)] must not:
(a)hold or receive client’s money, conveyancing money or trust money or any security on behalf of a client;
(b)open, maintain or operate any client account, conveyancing account, conveyancing (CPF) account or trust account;
(c)give instructions in respect of any client account, conveyancing account, conveyancing (CPF) account or trust account;
(d)sign any cheque or effect any instruction for the withdrawal of money from a client account, conveyancing account, conveyancing (CPF) account or trust account;
(e)sign any bill of costs mentioned in section 118 of the Act, or any letter accompanying that bill;
(f)act as a solicitor‑trustee.
(ii)That _______________ [name of lawyer (NP)] must be supervised by his or her supervising solicitor in doing any act in the capacity of an advocate and solicitor.
SECOND SCHEDULE
The Provisional Practising Certificate of _______________________ [name of lawyer (NP)] dated __________________ is issued subject to the following conditions:
 
 
Dated ________________________.
 
 
REGISTRAR
SUPREME COURT,
SINGAPORE.
Made on 18 July 2024.
LISA SAM HUI MIN
President,
Council of the Law Society of Singapore.
[LS/2/COMP/2024/PPCRules; AG/LEGIS/SL/161/2020/25]
(To be presented to Parliament under section 185 of the Legal Profession Act 1966).

Archived for legal research. Authoritative version at sso.agc.gov.sg.