PART 3 | RULES APPLICABLE TO PRACTICE OF SINGAPORE LAW AND PRACTICE IN SINGAPORE COURTS |
| Division 1 — Role in administration of justice |
9.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner has a duty to assist in the administration of justice, and must act honourably in the interests of the administration of justice. |
|
| | (b) | A legal practitioner has an obligation to ensure that any work done by the legal practitioner, whether preparatory or otherwise, relating to proceedings before any court or tribunal, will uphold the integrity of the court or tribunal and will contribute to the attainment of justice. |
|
| | (c) | A legal practitioner must always be truthful and accurate in the legal practitioner’s communications with any person involved in or associated with any proceedings before a court or tribunal. |
|
| | (d) | A legal practitioner must not present, or permit to be presented, any evidence or information which the legal practitioner knows to be false. |
|
| | (e) | A legal practitioner must, in any proceedings before a court or tribunal, conduct the legal practitioner’s case in a manner which maintains the fairness, integrity and efficiency of those proceedings and which is consistent with due process. |
|
| | (f) | A legal practitioner must comply with all applicable laws and practice directions in the conduct of the legal practitioner’s case. |
|
|
|
(2) When conducting any proceedings before a court or tribunal on behalf of a client, a legal practitioner must not do any of the following:| (a) | knowingly mislead or attempt to mislead in any way, whether by doing anything referred to in sub-paragraph (b) or (c) or otherwise —| (i) | the court or tribunal; | | (ii) | any staff of the court or tribunal; | | (iii) | any other legal practitioner; or | | (iv) | any witness in, or any other person involved in or associated with, those proceedings; |
| | (b) | fabricate any fact or evidence in any communication with, or representation or submission to, the court or tribunal; | | (c) | include, in any document used for those proceedings, any statement of fact which the legal practitioner knows to be false; | | (d) | express the legal practitioner’s personal opinion of the client’s conduct; | | (e) | allow the legal practitioner’s personal opinion to affect —| (i) | the legal practitioner’s professional assessment of the facts or the law; or | | (ii) | the legal practitioner’s duty to the court or tribunal; |
| | (f) | knowingly or recklessly cite the law out of context, interpret the law in a manner calculated to mislead the court or tribunal, or otherwise advance any submission, opinion or proposition which the legal practitioner knows or ought reasonably to know is contrary to the law; | | (g) | concoct any evidence or contrive any fact, whether or not that evidence or fact will assist in advancing the client’s case; | | (h) | draft any originating process, pleading, affidavit, witness statement or notice or grounds of appeal containing any of the following:| (i) | any statement of fact or contention which is not supported by the client or by the legal practitioner’s instructions; | | (ii) | any contention which the legal practitioner does not consider to be reasonably and properly arguable; | | (iii) | any allegation of fraud, unless the legal practitioner has clear instructions to make such an allegation and has before the legal practitioner reasonably credible material which establishes a prima facie case of fraud; | | (iv) | in the case of an affidavit or a witness statement, any statement of fact other than the substance of any evidence which the legal practitioner reasonably believes, having regard to the legal practitioner’s instructions, the witness making the affidavit or statement would give if that evidence was given orally. |
|
|
(3) When conducting proceedings before a court or tribunal, a legal practitioner —| (a) | must inform the court or tribunal of every relevant decision, and every relevant legislative provision, of which the legal practitioner is aware, whether that decision or provision supports or rebuts the legal practitioner’s contentions before the court or tribunal; and | | (b) | must disclose to the court or tribunal, and to every other person involved in or associated with those proceedings —| (i) | every fact, item of evidence, item of information and other matter which the legal practitioner is required by law to disclose in those proceedings to the court or tribunal and to that other person, respectively; and | | (ii) | any procedural irregularity of which the legal practitioner is aware. |
|
|
| (4) A legal practitioner must not raise as a ground of appeal any procedural irregularity in any proceedings before a court or tribunal, if the legal practitioner could have brought that procedural irregularity to the attention of the court or tribunal during those proceedings but failed, without reasonable justification, to do so. |
| (5) Subject to rule 6, where a legal practitioner unknowingly contravenes any provision of this rule, the legal practitioner must, as soon as practicable after the legal practitioner becomes aware of the contravention, disclose the contravention to each person affected by the contravention, and take reasonable steps to remedy the contravention. |
|
| Responsibility for client’s conduct |
10.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner’s duty to assist in the administration of justice includes a responsibility, commensurate with the amount of control the legal practitioner has over his or her client, to prevent the client from misleading a court or tribunal in any manner and from otherwise acting improperly. |
|
| | (b) | A legal practitioner must exercise professional judgment over the substance and purpose of any advice which the legal practitioner gives and any document which the legal practitioner drafts. |
|
| | (c) | A legal practitioner must not engage in any conduct which would be unlawful, unethical or otherwise improper, whether or not such conduct would promote the cause of his or her client. |
|
|
|
(2) A legal practitioner whose client is a party to any proceedings before a court or tribunal must inform the client of the client’s responsibilities to the court or tribunal, and to every other party to those proceedings, including the client’s duties —| (a) | to be truthful towards the court or tribunal; and | | (b) | to comply with every legal requirement concerning the conduct and presentation of the client’s case. |
|
(3) To the extent that a legal practitioner is able, the legal practitioner must prevent his or her client from, must not be a party to, and must not assist the client in, doing either or both of the following:| (a) | suppressing evidence; | | (b) | giving false evidence or false information to a court or tribunal. |
|
(4) Where a legal practitioner knows that his or her client is about to give, or has given, false evidence or false information to a court or tribunal, the legal practitioner must —| (a) | cease to act for the client; or | | (b) | if the legal practitioner continues to act for the client, conduct the client’s case in a manner that does not perpetuate the falsehood. |
|
| (5) A legal practitioner must not render to his or her client any advice which the legal practitioner knows or has reasonable grounds to believe is sought by the client for any dishonest, fraudulent or unlawful purpose. |
(6) A legal practitioner must not knowingly assist or permit his or her client —| (a) | to mislead a court or tribunal; or | | (b) | to do any other thing which the legal practitioner considers to be dishonest. |
|
|
| Conflict of interest in proceedings before court or tribunal |
11.—(1) The following principle guides the interpretation of this rule. | | A legal practitioner’s duty to advance the interests of the legal practitioner’s client, and to present the client’s best possible case, is subject to the legal practitioner’s duties as an officer of the court and to assist in the administration of justice. |
|
|
(2) A legal practitioner must not appear before a court or tribunal in a matter where —| (a) | it would be difficult for the legal practitioner to maintain the legal practitioner’s professional independence by reason of any commercial, family, personal or other relationship between the legal practitioner and his or her client; or | | (b) | the impartial administration of justice might or might appear to be prejudiced by reason of the legal practitioner’s relationship with the court or tribunal or any member of the court or tribunal. |
|
(3) In any case where it is known or it appears that a legal practitioner will be required to give evidence which is material to the determination of any contested issue before a court or tribunal —| (a) | the legal practitioner —| (i) | must not accept instructions from any party to that case; and | | (ii) | must, if the legal practitioner was acting for any party to that case, discharge himself or herself, or, where the legal practitioner has represented that party in any proceedings relating to that case, apply to be discharged, from acting further for that party; but |
| | (b) | the law practice in which the legal practitioner practises, or a member of that law practice, may represent or continue to represent any party to that case, unless doing so would prejudice the administration of justice. |
|
|
| Communications and dealings with witnesses |
12.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner must ensure that the legal practitioner acts in a manner consistent with the administration of justice when dealing with any witness, regardless of the effect or potential effect of the evidence given or to be given by that witness. |
|
| | (b) | A legal practitioner must exercise the legal practitioner’s own judgment both as to the substance and the form of the questions put or statements made to a witness. |
|
|
|
| (2) A legal practitioner must not, except with the permission of a court or tribunal, interview or discuss, with a witness whom the legal practitioner has called in proceedings before the court or tribunal, at any time after the start and before the end of the cross‑examination of that witness, the evidence given or to be given by that witness or any other witness. [S 240/2022 wef 01/04/2022] |
| (3) A legal practitioner must not, by asserting in a statement to a court or tribunal, make any allegation against a witness whom the legal practitioner cross-examined or was given an opportunity to cross-examine, unless the legal practitioner has given the witness an opportunity to answer the allegation during cross-examination. |
| (4) A legal practitioner must not suggest that a witness or any other person is guilty of any offence or conduct, or attribute to a witness or any other person any offence or conduct of which the legal practitioner’s client is accused, unless the suggestion or attribution relates to a matter in issue (including the credibility of the witness) which is material to the client’s case and which appears to the legal practitioner to be supported by reasonable grounds. |
| (5) A legal practitioner must not make any statement, or ask any question, which is scandalous, is intended or calculated to vilify, insult or annoy a witness or any other person, or is otherwise an abuse of the function of the legal practitioner. |
| (6) A legal practitioner may interview and take statements from any witness (including a prospective witness) at any stage in the proceedings, whether or not that witness has been interviewed or called as a witness by any other party to the proceedings or by the prosecution (in the case of criminal proceedings). |
| (7) However, if the legal practitioner is aware that the witness has been called to appear in a court or has been issued an order to attend court by any other party to the proceedings or by the prosecution (in the case of criminal proceedings), the legal practitioner must inform that other party’s legal practitioner or the prosecution (as the case may be) of the legal practitioner’s intention to interview or take statements from the witness. [S 240/2022 wef 01/04/2022] |
(8) A legal practitioner —| (a) | may pay, or offer to pay, a witness any disbursements and expenses which the witness is allowed or entitled to under the law; but | | (b) | must not make, or offer to make, any payment to a witness which is contingent upon the nature of the evidence given by the witness or upon the outcome of a case. |
|
|
| Respect for court or tribunal and related responsibilities |
13.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner must present a case, and behave, before a court or tribunal in a manner which is respectful of the court or tribunal. |
|
| | (b) | The manner in which a legal practitioner conducts a case before a court or tribunal must be consistent with the standing, dignity and authority of the court or tribunal. |
|
|
|
| (2) A legal practitioner must always be respectful of a court or tribunal. |
| (3) A legal practitioner must always be courteous in the conduct of a case before a court or tribunal, whether to the court or tribunal, or to any other person involved in the proceedings. |
| (4) A legal practitioner must honour every undertaking given by the legal practitioner to a court or tribunal. |
(5) A legal practitioner must not give an undertaking to a court or tribunal unless the legal practitioner —| (a) | believes that the undertaking is necessary; and | | (b) | knows (when giving the undertaking) that he or she is able to honour the undertaking. |
|
(6) A legal practitioner must not publish, or take steps to facilitate the publication of, any material concerning any proceedings, whether on behalf of his or her client or otherwise, which —| (a) | amounts to a contempt of court; or | | (b) | is calculated to interfere with the fair trial of a case or to prejudice the administration of justice. |
|
|
| Conducting the defence in criminal proceedings |
14.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner who represents an accused person in any criminal proceedings is under a fundamental duty to assist in the administration of justice. |
|
| | (b) | A legal practitioner who represents an accused person in any criminal proceedings must present the accused person’s case and behave in a manner which is consistent with the aims of these Rules, and must comply with the constitutional, evidential and procedural rules which operate in a criminal trial. |
|
|
|
| (2) A legal practitioner who represents an accused person in any criminal proceedings must pursue every reasonable defence, and raise every favourable factor, on behalf of the accused person in accordance with law. |
(3) A legal practitioner who represents an accused person —| (a) | must not provide any surety or bail for the accused person; | | (b) | must not express the legal practitioner’s personal opinion as to whether the accused person is guilty, or allow the legal practitioner’s personal opinion as to whether the accused person is guilty to affect the legal practitioner’s professional assessment of the facts or the law, the legal practitioner’s conduct of the criminal proceedings, or the legal practitioner’s duty to the accused person or the court; | | (c) | must not be absent from a trial or hearing without reasonable grounds; | | (d) | must, if absent from a trial or hearing —| (i) | communicate the grounds for the legal practitioner’s absence to the accused person before the trial or hearing; and | | (ii) | make reasonable efforts to arrange for another legal practitioner to take over the conduct of the trial or hearing; and |
| | (e) | must continue to reasonably assist the accused person after the accused person is convicted and sentenced. |
|
(4) Where a legal practitioner represents an accused person, and the accused person confesses to any offence to the legal practitioner, the legal practitioner —| (a) | may continue to represent the accused person; but | | (b) | must not adduce any evidence or make any submission which is inconsistent with the confession by the accused person. |
|
(5) A legal practitioner —| (a) | must advise an accused person he or she represents on —| (i) | whether to plead guilty, or to claim trial, to a charge; and | | (ii) | whether to give evidence or to remain silent in the accused person’s defence; and |
| | (b) | must abide by the decision of the accused person. |
|
(6) If an accused person absconds, the legal practitioner representing the accused person may —| (a) | apply to be discharged from acting in the matter; or | | (b) | conduct the defence on the basis of instructions received as if the accused person was present but elected to remain silent. |
|
| (7) If an accused person has pleaded guilty or has been convicted after trial, the legal practitioner representing the accused person, when presenting a plea in mitigation, must not make any allegation which is scandalous or is intended or calculated to vilify, insult or annoy any person. |
| (8) If an accused person has any previous conviction or antecedent, the legal practitioner representing the accused person is not required to disclose such antecedent, but must not adduce any evidence or make any submission which is inconsistent with the previous conviction or antecedent of the accused person. |
|
| Conducting the prosecution in criminal proceedings |
15.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner who prosecutes an accused person in criminal proceedings is under a fundamental duty to assist in the administration of justice. |
|
| | (b) | A legal practitioner who prosecutes an accused person must present the legal practitioner’s case and behave in a manner which is consistent with the aims of these Rules, and must comply with the constitutional, evidential and procedural rules which operate in a criminal trial. |
|
|
|
| (2) A legal practitioner who represents the prosecution in any criminal proceedings must present the evidence against an accused person fairly and impartially, and without malice, fear or favour, in accordance with law. |
(3) A legal practitioner who represents the prosecution must, within a reasonable time before the close of the prosecution’s case, inform the accused person or the accused person’s legal practitioner of —| (a) | the identity, and the location (if known), of any person who may be able to give relevant evidence, but will not be called as a prosecution witness; and | | (b) | any substantial conflict between the evidence given by a prosecution witness on a material issue and any prior statement provided by that prosecution witness. |
|
(4) A legal practitioner who represents the prosecution must, within a reasonable time after the conviction but before the sentencing of an accused person, inform the court of —| (a) | any previous conviction or antecedent of the accused person that the prosecution knows of; | | (b) | any relevant factors, and any known precedents, relating to the sentence; and | | (c) | if the accused person is unrepresented, any known mitigating circumstances. |
|
(5) A legal practitioner who represents the prosecution must not inform the court of any other or pending proceedings against the accused person, except —| (a) | in relation to an application for an adjournment, remand or bail; | | (b) | in response to an assertion that there are no other or pending proceedings; or | | (c) | where evidence of the other or pending proceedings would otherwise be admissible as a result of any law or rule. |
|
| (6) A legal practitioner who represents the prosecution must assist the court at all times before the conclusion of a trial, including by drawing the court’s attention to any apparent error (whether of fact or of law), any apparent omission of fact, and any procedural irregularity, which in the opinion of the legal practitioner ought to be corrected. |
|
| Representing client in family proceedings |
15A.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner who represents a client in any family proceedings must be conscious that the client’s interests may be affected by considerations such as the interests of a child, the psychological health of the client, and the desirability of reducing conflict. |
|
| | (b) | A legal practitioner who represents a client in any family proceedings must, whenever it is reasonably possible, be constructive and conciliatory in the conduct of those proceedings and all matters relating to those proceedings, from the time those proceedings are contemplated until the resolution of those proceedings. |
|
|
|
(2) A legal practitioner who represents a client in any family proceedings must —| (a) | from the time those proceedings are contemplated, inform the client of all available dispute resolution options (including, but not limited to, mediation and counselling) that are reasonably available to the client, so as to enable the client to make an informed decision on how to resolve those proceedings; | | (b) | from the time those proceedings are contemplated, and whenever it is reasonably possible, advise the client to consider resolving those proceedings amicably; and | | (c) | advise the client to be constructive and reasonable when participating in those proceedings. |
|
(3) Where a legal practitioner represents a client in any family proceedings involving any child, the legal practitioner must —| (a) | advise the client that when the court makes any decision affecting the child, the welfare and best interests of the child take precedence over —| (i) | the wishes of either parent of the child; and | | (ii) | the wishes of the child; and |
| | (b) | advise the client to consider the welfare of the child, and the potentially adverse impact of those proceedings on the child. |
|
| (4) In this rule, “child” means an individual who is below 21 years of age. |
[S 82/2018 wef 12/02/2018] |
| Conflict of interest in family proceedings |
15B.—(1) The following principle guides the interpretation of this rule. | | A legal practitioner who acts in a particular role in family proceedings must ensure that there is no conflict between that role and the interests of a client. |
|
|
(2) A legal practitioner who has acted as a child representative or parenting coordinator in any family proceedings must not subsequently act for any party to those proceedings in relation to —| (a) | the subject matter of those proceedings; or | | (b) | any matter relating to those proceedings that was discussed with or in the presence of the legal practitioner, while the legal practitioner was acting as a child representative or parenting coordinator in those proceedings. |
|
[S 82/2018 wef 12/02/2018] |
| Division 2 — Relationship with client |
16.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner is under a duty to ensure that any money or other property which a client of the legal practitioner, with the agreement of the legal practitioner, has entrusted with the legal practitioner, or has made the legal practitioner responsible for, is held in a way that protects the interests of the client. |
|
| | (b) | A law practice is under a duty to ensure that any money or other property which a client of the law practice, with the agreement of the law practice, has entrusted with the law practice, or has made the law practice responsible for, is held in a way that protects the interests of the client. |
|
|
|
| (2) A legal practitioner is accountable to his or her client for any money or other property which the client has entrusted with the legal practitioner, or has made the legal practitioner responsible for. |
(3) A legal practitioner must —| (a) | promptly notify his or her client whenever the legal practitioner receives any money (including conveyancing money) or securities to be held on behalf of the client; and | | (b) | expeditiously render statements of accounts when requested by the client. |
|
| (4) The duties owed by a legal practitioner under this rule apply, with the necessary modifications, to a law practice. |
|
| Professional fees and costs |
17.—(1) The following principle guides the interpretation of this rule. | | A legal practitioner must act in the best interests of his or her client, and must charge the client fairly for work done. |
|
|
(2) A legal practitioner —| (a) | must not undertake work in a manner that unnecessarily or improperly increases the costs that are payable to the legal practitioner; | | (b) | must, at all times, use the legal practitioner’s best endeavours to complete any work for his or her client as soon as is reasonably possible; | | (c) | must explain clearly and properly to his or her client a proposal of amicable resolution, or any other offer or position taken by any other party, which affects the client; [S 240/2022 wef 01/04/2022] | | (d) | must, where his or her client does not understand English, ensure that any offer or proposal of amicable resolution is explained to the client in a language or dialect that the client understands; [S 240/2022 wef 01/04/2022] | | (e) | must, in an appropriate case, together with his or her client —| (i) | evaluate whether any consequence of a matter involving the client justifies the expense of, or the risk involved in, pursuing the matter; and | | (ii) | evaluate the use of alternative dispute resolution processes; and |
[S 69/2017 wef 01/03/2017] | | (f) | must advise his or her client on the relevant legal issues in a matter, to enable the client to make an informed decision about how to act in the matter. |
|
(3) A legal practitioner must —| (a) | inform his or her client of the basis on which fees for professional services will be charged, and of the manner in which those fees and disbursements (if any) are to be paid by the client; | | (b) | inform the client of any other reasonably foreseeable payments that the client may have to make, either to the legal practitioner or to any other party, and of the stages at which those payments are likely to be required; | | (c) | to the extent reasonably practicable and if requested by the client, provide the client with estimates of the fees and other payments referred to in sub‑paragraphs (a) and (b), respectively; and | | (d) | ensure that the actual amounts of the fees and other payments referred to in sub-paragraphs (a) and (b), respectively, do not vary substantially from the estimates referred to in sub-paragraph (c), unless the client has been informed in writing of any changed circumstances. |
|
(4) A legal practitioner must explain the following matters to his or her client at the beginning of a contentious matter and at other appropriate stages in the matter:| (a) | that in any event, the client is personally responsible for paying the client’s own solicitor and client costs in full, regardless of any order for costs made against any other party; | | (b) | that in the event the client loses, the client may have to pay the client’s own costs, and the court may order the client to pay the costs of one or more other parties as assessed or fixed by the court; [S 240/2022 wef 01/04/2022] | | (c) | that even if the client wins, the other party —| (i) | may not be ordered to pay the full amount of the client’s own costs; and | | (ii) | may not be capable of paying what has been ordered. |
|
|
| (5) If a client of a legal practitioner disputes or raises a query about a bill of the legal practitioner in a matter (whether or not contentious), the legal practitioner must inform the client in writing of the client’s right to apply to the court to have the bill assessed or to review any fee agreement, unless the legal practitioner believes that the client knows, or reasonably ought to know, of that right. [S 240/2022 wef 01/04/2022] |
(6) If a client of a legal practitioner consents to the assessment of a bill issued to the client, or the court orders the assessment of a bill issued to a client of a legal practitioner, the legal practitioner must inform the client that —| (a) | the delivery of a bill by the legal practitioner to the client does not preclude the legal practitioner from presenting a bill, for a larger amount or otherwise, for assessment; and [S 240/2022 wef 01/04/2022] | | (b) | upon such an assessment, the legal practitioner is entitled to any amount allowed by the Registrar, even if that amount is more than the amount claimed in any bill previously delivered to the client. [S 240/2022 wef 01/04/2022] |
[S 240/2022 wef 01/04/2022] |
| (7) A legal practitioner must not charge any fee or disbursements, or render a bill (whether or not subject to assessment) for an amount, which constitutes overcharging, even if there is a fee agreement that permits the charging of the fee, disbursements or amount. [S 240/2022 wef 01/04/2022] |
(8) For the purposes of paragraph (7), there is overcharging if a reasonable legal practitioner cannot in good faith charge the fee, disbursements or amount, taking into account all of the following matters:| (a) | the legal practitioner’s standing and experience; | | (b) | the nature of the legal work concerned; | | (c) | the time necessary to undertake the legal work; | | (d) | the instructions and requirements of the client concerned; | | (e) | any other relevant circumstances. |
|
| (9) Where, due to a conflict of interests, a legal practitioner has recommended to his or her client that the client seek alternative legal representation, unless the legal practitioner and the client have agreed otherwise, the legal practitioner may charge the client only those items of fees or disbursements which clearly need not be duplicated by the client’s new legal practitioner. |
|
| Contingency fees prohibited |
18. A legal practitioner or law practice must not enter into any negotiations with a client of the legal practitioner or law practice —| (a) | for an interest in the subject matter of litigation or of any other contentious proceedings; or | | (b) | except to the extent permitted by any applicable scale of costs, for remuneration proportionate to the amount which may be recovered by the client in the proceedings. |
|
| Conditional fee agreement |
18A.—(1) Rules 17 and 18 do not prevent a legal practitioner or law practice from doing either or both of the following:| (a) | entering into negotiations for, or entering into, a conditional fee agreement that complies with Part 8A of the Act; | | (b) | charging a client any remuneration, fee or costs on the basis that the remuneration, fee or costs are payable only in circumstances specified in a conditional fee agreement mentioned in sub‑paragraph (a) that is entered into or intended to be entered into between the client and the legal practitioner or law practice. |
| (2) To avoid doubt, apart from the aspects mentioned in paragraph (1), rules 17 and 18 continue to apply in all other aspects to any remuneration, fee or costs charged or to be charged pursuant to a conditional fee agreement mentioned in paragraph (1)(a). |
[S 334/2022 wef 04/05/2022] |
19.—(1) A legal practitioner must not share the legal practitioner’s fees with, or pay a commission to, any unauthorised person for any legal work performed by the legal practitioner.| (2) A law practice must not share its fees with, or pay a commission to, any unauthorised person for any legal work performed by the law practice. |
|
| Conflict, or potential conflict, between interests of 2 or more clients |
20.—(1) The following principles guide the interpretation of this rule. | | (a) | A legal practitioner owes duties of loyalty and confidentiality to each client of the legal practitioner, and must act prudently to avoid any compromise of the lawyer-client relationship between the legal practitioner and the client by reason of a conflict, or potential conflict, between the interests of 2 or more clients of the legal practitioner. |
|
| | (b) | A law practice owes duties of loyalty and confidentiality to each client of the law practice, and must act prudently to avoid any compromise of the lawyer-client relationship between the law practice and the client by reason of a conflict, or potential conflict, between the interests of 2 or more clients of the law practice. |
|
|
|
(2) Paragraphs (3), (4) and (7) apply where —| (a) | a legal practitioner or law practice intends to act for 2 or more different parties (each called in those paragraphs a relevant party) to a matter or transaction; and | | (b) | a diversity of interests exists, or may reasonably be expected to exist, between those parties. |
|
(3) Before accepting any instructions from any relevant party in relation to the matter or transaction, the legal practitioner or law practice —| (a) | must communicate directly with each relevant party —| (i) | to explain to that relevant party —| (A) | how the interests of all or any of the relevant parties diverge or may diverge; | | (B) | how the legal practitioner or law practice may be prevented from disclosing to a relevant party information obtained from another relevant party, despite the relevance of the information to the matter or transaction; and | | (C) | how the legal practitioner or law practice may be prevented from giving to a relevant party any advice that is prejudicial to another relevant party; |
| | (ii) | to inform that relevant party that the legal practitioner or law practice must cease to act in the matter or transaction if, in the course of the retainer, the legal practitioner or law practice has difficulty in advising on and dealing with the relevant parties’ divergent interests competently, evenly and consistently; | | (iii) | to receive and deal with any queries which that relevant party may have on the matter or transaction, or on the risks of all or any of the relevant parties being jointly represented in the matter or transaction by the legal practitioner or law practice; and | | (iv) | to ascertain precisely the intentions of that relevant party; |
| | (b) | in the case of a transaction that is ostensibly or potentially disadvantageous to a particular relevant party, must also communicate directly with the relevant party —| (i) | to explain the relevant party’s position before the transaction, and how the relevant party’s position will or may be altered to the relevant party’s detriment by the transaction; | | (ii) | to verify whether any instructions purportedly given on behalf of the relevant party do in fact reflect the relevant party’s intentions; and | | (iii) | to remove any doubt as to whether the relevant party may have been misled by, or may be acting under the undue influence of, another person; |
| | (c) | must advise each relevant party to obtain independent legal advice; | | (d) | if a particular relevant party does not obtain independent legal advice, must obtain a written confirmation from the relevant party, or maintain a written record, that the relevant party declines to do so; and | | (e) | must obtain each relevant party’s informed consent in writing to the legal practitioner or law practice acting for all relevant parties, despite the relevant parties’ divergent interests. |
|
(4) The legal practitioner or law practice —| (a) | must throughout the course of the retainer for the matter or transaction —| (i) | continue to be vigilant of any conflict or potential conflict between the interests of any of the relevant parties; and | | (ii) | inform each relevant party of any conflict or potential conflict that arises or may arise between the interests of any of the relevant parties; and |
| | (b) | must cease to act in the matter or transaction if, in the course of the retainer, the legal practitioner or law practice has difficulty in advising on and dealing with the relevant parties’ divergent interests competently, evenly and consistently. |
|
(5) Paragraphs (6) and (7) apply where —| (a) | a legal practitioner or law practice acts for 2 or more different parties (each called in those paragraphs a relevant party) to a matter or transaction; and | | (b) | a diversity of interests arises between those parties during the course of the retainer for the matter or transaction. |
|
(6) The legal practitioner or law practice —| (a) | must, throughout the remainder of the course of the retainer for the matter or transaction —| (i) | continue to be vigilant of any conflict or potential conflict between the interests of any of the relevant parties; and | | (ii) | inform each relevant party of any conflict or potential conflict that arises or may arise between the interests of any of the relevant parties; and |
| | (b) | must cease to act in the matter or transaction if, in the course of the retainer, the legal practitioner or law practice has difficulty in advising on and dealing with the relevant parties’ divergent interests competently, evenly and consistently. |
|
(7) Despite paragraphs (4)(b) and (6)(b), the legal practitioner or law practice may continue to act for a relevant party in the matter or transaction, if —| (a) | the legal practitioner or law practice ceases to act for all other relevant parties whose interests diverge from the interests of that relevant party; and | | (b) | all of those other relevant parties give their informed consent in writing for the legal practitioner or law practice to continue to act in the matter or transaction. |
|
| (8) Where a legal practitioner or law practice has prepared a document on behalf of 2 or more parties concerning their rights and obligations, and 2 or more of those parties become involved in a dispute arising from the document, the legal practitioner or law practice must not represent any disputing party in the dispute. |
|
| Conflict, or potential conflict, between interests of current client and former client |
21.—(1) The following principles guide the interpretation of this rule. | | (a) | The duties of loyalty and confidentiality owed by a legal practitioner to his or her client continue after the termination of the retainer. |
|
| | (b) | The duties of loyalty and confidentiality owed by a law practice to its client continue after the termination of the retainer. |
|
|
|
(2) Subject to paragraphs (3), (4) and (5), a legal practitioner or law practice must decline to represent, or must withdraw from representing, a client (called in this rule the current client) in a matter, if —| (a) | the legal practitioner or the law practice holds confidential information relating to a former client (called in this rule the former client) that is protected by rule 6; | | (b) | the current client has an interest that is, or may reasonably be expected to be, adverse to an interest of the former client; and | | (c) | that information may reasonably be expected to be material to the representation of the current client in that matter. |
|
(3) Paragraph (2) does not prevent a legal practitioner or law practice from acting, or continuing to act, for the current client, subject to any conditions agreed between the legal practitioner or law practice and the former client, if —| (a) | the legal practitioner or law practice has adequately advised the former client to obtain independent legal advice; and | | (b) | the former client gives the former client’s informed consent in writing to the legal practitioner or law practice acting, or continuing to act, for the current client. |
|
(4) Where the requirements in paragraph (3)(a) and (b) are not met despite reasonable efforts by the legal practitioner or law practice to meet those requirements, paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —| (a) | there are adequate safeguards in place to protect the former client’s confidential information; and | | (b) | the legal practitioner or law practice has made reasonable efforts to notify the former client —| (i) | of those safeguards; and | | (ii) | that the legal practitioner or law practice will act, or continue to act, for the current client. |
|
|
(5) Where it would be illegal for the legal practitioner or law practice to meet the requirements in paragraphs (3)(a) and (4)(b), paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —| (a) | there are adequate safeguards in place to protect the former client’s confidential information; and | | (b) | the legal practitioner or law practice ensures that the former client’s confidential information is not accessed, used or disclosed without the former client’s consent in writing. |
|
|
| Conflict, or potential conflict, between interests of client and interests of legal practitioner or law practice, in general |
22.—(1) The following principles guide the interpretation of this rule and rules 23, 24 and 25. | | (a) | A legal practitioner owes duties of loyalty and confidentiality to a client of the legal practitioner, and must act prudently to avoid any compromise of the lawyer-client relationship between the legal practitioner and the client by reason of a conflict, or potential conflict, between the interests of the client and the interests of the legal practitioner. |
|
| | (b) | A law practice owes duties of loyalty and confidentiality to a client of the law practice, and must act prudently to avoid any compromise of the lawyer-client relationship between the law practice and the client by reason of a conflict, or potential conflict, between the interests of the client and the interests of the law practice. |
|
|
|
(2) Except as otherwise permitted by this rule, a legal practitioner or law practice must not act for a client, if there is, or may reasonably be expected to be, a conflict between —| (a) | the duty to serve the best interests of the client; and | | (b) | the interests of the legal practitioner or law practice. |
|
(3) Where a legal practitioner, any immediate family member of the legal practitioner, or the law practice in which the legal practitioner practises has an interest in any matter entrusted to the legal practitioner by a client of the legal practitioner —| (a) | in any case where the interest is adverse to the client’s interests, the legal practitioner must withdraw from representing the client, unless —| (i) | the legal practitioner makes a full and frank disclosure of the adverse interest to the client; | | (ii) | the legal practitioner advises the client to obtain independent legal advice; | | (iii) | if the client does not obtain independent legal advice, the legal practitioner ensures that the client is not under an impression that the legal practitioner is protecting the client’s interests; and | | (iv) | despite sub-paragraphs (i) and (ii), the client gives the client’s informed consent in writing to the legal practitioner acting, or continuing to act, on the client’s behalf; or |
| | (b) | in any other case, the legal practitioner must withdraw from representing the client, unless —| (i) | the legal practitioner makes a full and frank disclosure of the interest to the client; and | | (ii) | despite sub-paragraph (i), the client gives the client’s informed consent in writing to the legal practitioner acting, or continuing to act, on the client’s behalf. |
|
|
(4) Where a law practice has an interest in any matter entrusted to it by its client —| (a) | in any case where the interest is adverse to the client’s interests, the law practice must withdraw from representing the client, unless —| (i) | the law practice makes a full and frank disclosure of the adverse interest to the client; | | (ii) | the law practice advises the client to obtain independent legal advice; | | (iii) | if the client does not obtain independent legal advice, the law practice ensures that the client is not under an impression that the law practice is protecting the client’s interests; and | | (iv) | despite sub-paragraphs (i) and (ii), the client gives the client’s informed consent in writing to the law practice acting, or continuing to act, on the client’s behalf; or |
| | (b) | in any other case, the law practice must withdraw from representing the client, unless —| (i) | the law practice makes a full and frank disclosure of the interest to the client; and | | (ii) | despite sub-paragraph (i), the client gives the client’s informed consent in writing to the law practice acting, or continuing to act, on the client’s behalf. |
|
|
|
| Prohibited borrowing transactions |
23.—(1) Subject to paragraph (2), a legal practitioner or law practice must not do any of the following:| (a) | enter into a prohibited borrowing transaction; | | (b) | instruct, procure, provide security for or arrange for an associated party to enter into a prohibited borrowing transaction; | | (c) | knowingly allow an associated party to enter into a prohibited borrowing transaction which the legal practitioner or law practice has the power to prevent. |
(2) Paragraph (1)(a) does not apply to a prohibited borrowing transaction, if —| (a) | both of the following apply:| (i) | every party to the transaction (other than the legal practitioner or law practice) has received independent advice before the transaction was entered into; | | (ii) | the legal practitioner or law practice has made full disclosure of each interest of the legal practitioner or law practice in the transaction; |
| | (b) | both of the following apply:| (i) | the legal practitioner or law practice does not act for any client of the legal practitioner or law practice in the transaction; | | (ii) | any client of the legal practitioner or law practice that is a party to the transaction is represented, in the transaction, by a legal practitioner from a different law practice or by a different law practice; or |
| | (c) | the Council determines (whether before or after the transaction was entered into) that paragraph (1)(a) does not apply to that particular transaction. |
|
(3) Paragraph (1)(b) and (c) does not apply to a prohibited borrowing transaction, if —| (a) | both of the following apply:| (i) | every party to the transaction (other than the legal practitioner or law practice or the associated party) has received independent advice before the transaction was entered into; | | (ii) | the legal practitioner or law practice has made full disclosure of each interest of the legal practitioner or law practice, and of the associated party, in the transaction; |
| | (b) | both of the following apply:| (i) | the legal practitioner or law practice does not act for any client of the legal practitioner or law practice in the transaction; | | (ii) | any client of the legal practitioner or law practice that is a party to the transaction is represented, in the transaction, by a legal practitioner from a different law practice or by a different law practice; or |
| | (c) | the Council determines (whether before or after the transaction was entered into) that paragraph (1)(b) and (c) does not apply to that particular transaction. |
|
(4) In this rule —“associated party” means —| (a) | in relation to a legal practitioner —| (i) | any individual who is an immediate family member of —| (A) | the legal practitioner; or | | (B) | the sole proprietor, or any partner, director, consultant or employee, of a law practice in which the legal practitioner practises law; or |
| | (ii) | any body corporate, partnership, syndicate, joint venture or trust in which any of the following individuals has any beneficial interest, whether vested or contingent:| (A) | the legal practitioner; | | (B) | any individual who is an immediate family member of —| (BA) | the legal practitioner; or | | (BB) | the sole proprietor, or any partner, director, consultant or employee, of a law practice in which the legal practitioner practises law; or |
|
|
| | (b) | in relation to a law practice —| (i) | the sole proprietor, or any partner, director, consultant or employee, of the law practice; | | (ii) | any immediate family member of the sole proprietor, or any partner, director, consultant or employee, of the law practice; or | | (iii) | any body corporate, partnership, syndicate, joint venture or trust in which any of the following has any beneficial interest, whether vested or contingent:| (A) | the sole proprietor, or any partner, director, consultant or employee, of the law practice; | | (B) | any immediate family member of the sole proprietor, or any partner, director, consultant or employee, of the law practice; |
|
|
|
“client”, in relation to a legal practitioner or law practice, includes (in addition to a client as defined in section 2(1) of the Act) —| (a) | any person who has an existing lawyer-client relationship with the legal practitioner or law practice; | | (b) | any person seeking to invest money through the legal practitioner or law practice; and | | (c) | any person approached by or on behalf of the legal practitioner or law practice to invest money through the legal practitioner or law practice; |
|
| “excepted person” means any licensed or authorised bank, finance company or other similar entity the business of which includes lending money to members of the public; |
| “full disclosure” means such disclosure in writing by a legal practitioner or law practice as would be necessary for a trustee transaction; |
“independent advice” means advice —| (a) | which was given in relation to a transaction by a legal practitioner or law practice that —| (i) | is not a party to the transaction; and | | (ii) | does not represent any associated party in the transaction; and |
| | (b) | which the legal practitioner or law practice has certified in writing that the legal practitioner or law practice has given; |
|
“prohibited borrowing transaction” means any transaction under or by virtue of which money or valuable security is borrowed (whether directly or indirectly, and whether with or without security) from a client (not being an excepted person) of a legal practitioner or law practice —| (a) | by the legal practitioner or law practice; or | | (b) | by an associated party of the legal practitioner or law practice. |
|
|
|
24.—(1) Subject to the law on fiduciary relationships, a legal practitioner or law practice may purchase goods and assets from a client of the legal practitioner or law practice only if the purchase is at the prevailing market price or at such price as is reasonable.| (2) Where practicable, the legal practitioner or law practice must obtain an independent valuation of the goods and assets. |
|
25.—(1) Paragraph (2) applies —| (a) | where a client of a legal practitioner intends to make a significant gift, whether by will or while the client is alive, or in any other manner, to —| (i) | the legal practitioner; | | (ii) | the sole proprietor, or any partner, director, consultant or employee, of the law practice in which the legal practitioner practises; | | (iii) | any immediate family member of —| (A) | the legal practitioner; or | | (B) | the sole proprietor, or any partner, director, consultant or employee, of the law practice in which the legal practitioner practises; or |
| | (iv) | the law practice in which the legal practitioner practises; or |
| | (b) | where a client of a law practice intends to make a significant gift, whether by will or while the client is alive, or in any other manner, to —| (i) | the law practice; | | (ii) | the sole proprietor, or any partner, director, consultant or employee, of the law practice; or | | (iii) | any immediate family member of the sole proprietor, or any partner, director, consultant or employee, of the law practice. |
|
(2) The legal practitioner or law practice —| (a) | must not act for the client in relation to the gift; and | | (b) | must advise the client to obtain independent legal advice in relation to the gift. |
|
|
| Completion of retainer and withdrawal from representation |
26.—(1) The following principle guides the interpretation of this rule. | | The duties of honesty, competence and diligence owed by a legal practitioner to his or her client continue until the termination of the retainer. |
|
|
| (2) Except as otherwise provided in this rule, a legal practitioner must complete the work which he or she agreed to undertake pursuant to his or her client’s instructions. |
| (3) The dissolution of a law practice terminates the lawyer-client relationship between a client of the law practice and the legal practitioner in the law practice who is in charge of the client’s matter. |
(4) A legal practitioner must withdraw from representing a client, if —| (a) | the legal practitioner is discharged from the engagement by the client; or | | (b) | having come into possession of a document belonging to another party by any means other than the normal and proper channels, and having read the document, the legal practitioner would be embarrassed in the discharge of the legal practitioner’s duties by the knowledge of the contents of the document. |
|
(5) A legal practitioner may withdraw from representing a client in a case or matter, if —| (a) | the legal practitioner gives reasonable notice of the withdrawal to the client; | | (b) | the withdrawal will not cause any significant harm to the client’s interests, the client is fully informed of the consequences of the withdrawal, and the client voluntarily assents to the withdrawal; | | (c) | the legal practitioner reasonably believes that continued engagement in the case or matter is likely to have a serious adverse effect on the legal practitioner’s health; | | (d) | the client —| (i) | fails to pay the legal practitioner’s invoice within the stipulated period; or | | (ii) | otherwise breaches an agreement with the legal practitioner regarding —| (A) | fees or expenses to be paid by the client; or | | (B) | the client’s conduct; |
|
| | (e) | the client makes material misrepresentations about the facts of the case or matter to the legal practitioner; | | (f) | the withdrawal is necessary to avoid a contravention by the legal practitioner of —| (i) | the Act; | | (ii) | these Rules or any other subsidiary legislation made under the Act; | | (iii) | any practice directions, guidance notes and rulings issued under section 71(6) of the Act; | | (iv) | any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society; or | | (v) | if the legal practitioner is duly authorised or registered to practise law in any state or territory other than Singapore, any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by —| (A) | the foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory; or | | (B) | any relevant professional body of that state or territory; |
|
| | (g) | there is a serious loss of confidence between the legal practitioner and the client; or | | (h) | any other good cause exists. |
|
(6) Where a legal practitioner withdraws from representing a client in a case or matter, the legal practitioner must —| (a) | take reasonable care to avoid foreseeable harm to the client, including, where the circumstances permit —| (i) | by giving reasonable notice of the withdrawal to the client; | | (ii) | by giving the client a reasonable amount of time to engage another legal practitioner to take over the case or matter; and | | (iii) | by cooperating with the client’s new legal practitioner; and |
| | (b) | abide by the client’s decision on whether to appoint another legal practitioner, and who to appoint, to take over the case or matter, if not completed. |
|
(7) Where a legal practitioner (A) claims to exercise a lien for unpaid legal costs over any document of his or her client relating to a matter —| (a) | in any case where another legal practitioner (B) is acting for the client, A must release that document to B, and offer such assistance as may be necessary to enable B to take over the matter, if —| (i) | B undertakes to hold that document subject to the lien, and provides reasonable security for A’s unpaid costs; or | | (ii) | B offers to pay, or to enter into an agreement with the client to obtain payment of, A’s costs upon the completion of the matter, and A accepts B’s offer; or |
| | (b) | in any other case, A must release that document to the client, if A receives reasonable security for A’s unpaid costs. |
|
|
| Division 3 — Relationship with other legal practitioners |
| Principles guiding interpretation of this Division |
27. The following principles guide the interpretation of this Division. | | (a) | A legal practitioner involved in any court proceedings (whether as a counsel, a witness or otherwise) must relate to another legal practitioner in a manner which promotes the administration of justice. |
|
| | (b) | A legal practitioner is responsible to an opposing legal practitioner for maintaining due process and promoting the administration of justice. |
|
|
|
|
| Entering default judgment |
28.—(1) A legal practitioner (A) must not enter a default judgment under any provision of the Rules of Court 2021 (G.N. No. S 914/2021) against a party who is represented by another legal practitioner (B), unless —| (a) | A has given B written notice of A’s intention to enter the default judgment; and | | (b) | at least 2 working days have elapsed after the notice is given to B. |
[S 240/2022 wef 01/04/2022] | (2) Any notice under paragraph (1) that is given on a working day after 4 p.m., or on a day other than a working day, is to be treated as given on the next working day. |
(3) To avoid doubt —| (a) | this rule does not extend the time stipulated by an order of court, or by any provision of the Rules of Court 2021, for taking any action or step; and [S 240/2022 wef 01/04/2022] | | (b) | a legal practitioner need not give any notice under paragraph (1) before taking any action or step on a failure to comply with an order of court within the time stipulated by the order of court. |
|
| (4) In this rule, “working day” means any day other than a Saturday, Sunday or public holiday. |
|
| Allegations against another legal practitioner |
29. A legal practitioner (A) must not permit an allegation to be made against another legal practitioner (B) in any document filed on behalf of A’s client in any court proceedings, unless —| (a) | B is given the opportunity to respond to the allegation; and | | (b) | where practicable, B’s response (if any) is disclosed to the court. |
|
30.—(1) Where a legal practitioner (A) acts for a party to any proceedings that the legal practitioner knows are pending, or are likely to be pending, before the court, the legal practitioner must not initiate any communication with the court about the facts, issues or any other matter in those proceedings, unless —| (a) | A has given each legal practitioner acting for another party to those proceedings a reasonable opportunity to be present or to reply; and | | (b) | if A’s communication with the court was in writing, every other party to those proceedings is given a copy of the written communication. |
| (2) If a legal practitioner who acts for a party to any proceedings fails to comply with paragraph (1) when communicating with the court about those proceedings, the legal practitioner must inform each legal practitioner acting for another party to those proceedings of the circumstances as soon as possible. |
| (3) A legal practitioner who initiates any communication with the court in relation to an application without notice filed by the legal practitioner must comply with all relevant practice directions relating to applications without notice. [S 240/2022 wef 01/04/2022] |
| (4) Except as provided in paragraph (3), paragraphs (1) and (2) do not apply to any communication referred to in paragraph (3). |
|
| Communication with another legal practitioner |
| 31. Where a legal practitioner acts for a party in a matter, the legal practitioner must not disclose to the court any communication relating to the matter between the legal practitioner and a legal practitioner acting for another party in the matter, unless there is an agreement between the 2 legal practitioners to do so. |
| Division 4 — Supervision over staff of law practice |
| Responsibility for staff of law practice |
| 32. A legal practitioner must, regardless of the legal practitioner’s designation in a law practice, exercise proper supervision over the staff working under the legal practitioner in the law practice. |
| Division 5 — Descriptions and executive appointments |
33.—(1) A legal practitioner who is an advocate and solicitor must not describe himself or herself in connection with his or her profession as anything other than —| (a) | an advocate and solicitor; | | (b) | a lawyer; | | (c) | a legal consultant (if qualified to be one); | | (d) | a Commissioner for Oaths (if appointed as one); | | (e) | a Notary Public (if appointed as one); or | | (f) | such other description as may be approved by the Council from time to time. |
(2) A legal practitioner who is a regulated foreign lawyer must not describe himself or herself in connection with his or her profession as anything other than —| (a) | a foreign lawyer; | | (b) | a legal consultant (if qualified to be one); or | | (c) | such other description as may be approved by the Council from time to time. |
|
| (3) Paragraph (1) does not prevent a Senior Counsel appointed under section 30 of the Act from describing himself or herself in connection with his or her profession as a Senior Counsel. |
| (4) Paragraph (2) does not prevent a person who holds Her Majesty’s Patent as Queen’s Counsel, or holds an appointment of equivalent distinction of any jurisdiction, from describing himself or herself in connection with his or her profession as a Queen’s Counsel or as holding that appointment (as the case may be). |
|
34.—(1) A legal practitioner must not accept any executive appointment associated with any of the following businesses:| (a) | any business which detracts from, is incompatible with, or derogates from the dignity of, the legal profession; | | (b) | any business which materially interferes with —| (i) | the legal practitioner’s primary occupation of practising as a lawyer; | | (ii) | the legal practitioner’s availability to those who may seek the legal practitioner’s services as a lawyer; or | | (iii) | the representation of the legal practitioner’s clients; |
| | (c) | any business which is likely to unfairly attract business in the practice of law; | | (d) | any business which involves the sharing of the legal practitioner’s fees with, or the payment of a commission to, any unauthorised person for legal work performed by the legal practitioner; | | (e) | any business set out in the First Schedule; | | (f) | any business which is prohibited by —| (i) | the Act; | | (ii) | these Rules or any other subsidiary legislation made under the Act; | | (iii) | any practice directions, guidance notes and rulings issued under section 71(6) of the Act; or | | (iv) | any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society. |
|
(2) Subject to paragraph (1), a legal practitioner in a Singapore law practice (called in this paragraph the main practice) may accept an executive appointment in another Singapore law practice (called in this paragraph the related practice), if the related practice is connected to the main practice in either of the following ways:| (a) | every legal or beneficial owner of the related practice is the sole proprietor, or a partner or director, of the main practice; | | (b) | the legal practitioner accepts the executive appointment as a representative of the main practice in the related practice, and the involvement of the main practice in the related practice is not prohibited by any of the following:| (i) | the Act; | | (ii) | these Rules or any other subsidiary legislation made under the Act; | | (iii) | any practice directions, guidance notes and rulings issued under section 71(6) of the Act; | | (iv) | any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society. |
|
|
| (3) Subject to paragraph (1), a legal practitioner may accept an executive appointment in a business entity which provides law-related services. |
| (4) Subject to paragraph (1), a legal practitioner (not being a locum solicitor) may accept an executive appointment in a business entity which does not provide any legal services or law-related services, if all of the conditions set out in the Second Schedule are satisfied. |
| (5) Despite paragraph (1)(b), but subject to paragraph (1)(a) and (c) to (f), a locum solicitor may accept an executive appointment in a business entity which does not provide any legal services or law-related services, if all of the conditions set out in the Second Schedule are satisfied. |
(6) Except as provided in paragraphs (2) to (5) —| (a) | a legal practitioner in a Singapore law practice must not accept any executive appointment in another Singapore law practice; and | | (b) | a legal practitioner must not accept any executive appointment in a business entity. |
|
| (7) To avoid doubt, nothing in this rule prohibits a legal practitioner from accepting any appointment in any institution set out in the Third Schedule. |
(8) To avoid doubt, this rule does not authorise the formation of, or regulate —| (a) | any related practice referred to in paragraph (2); or | | (b) | any business entity referred to in paragraph (3), (4) or (5). |
|
(9) In this rule and the First to Fourth Schedules —| “business” includes any business, trade or calling in Singapore or elsewhere, whether or not for the purpose of profit, but excludes the practice of law; |
“business entity” —| (a) | includes any company, corporation, partnership, limited liability partnership, sole proprietorship, business trust or other entity that carries on any business; but | | (b) | excludes any Singapore law practice, any Joint Law Venture, any Formal Law Alliance, any foreign law practice and any institution set out in the Third Schedule; |
|
| “executive appointment” means a position associated with a business, or in a business entity or Singapore law practice, which entitles the holder of the position to perform executive functions in relation to the business, business entity or Singapore law practice (as the case may be), but excludes any non‑executive director or independent director associated with the business or in the business entity; |
| “law-related service” means any service set out in the Fourth Schedule, being a service that may reasonably be performed in conjunction with, and that is in substance related to, the provision of any legal service. |
|
|
|