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LEGAL PROFESSION ACT
(CHAPTER 161, SECTION 71)
LEGAL PROFESSION (PROFESSIONAL CONDUCT) RULES
| History |
G.N. NO.S 156/98 |
-> |
2000 REVISEDEDITION |
-> |
R1
2010 REVISED
EDITION | |
[1st June 1998]
1
Citation
PART
I
PRELIMINARY
2
Application
3
Definitions
PART
II
PRACTICE
4
Description
5
Practice in one law practice only
6
Professional stationery and signs, etc.
7
Arrangements during absence
8
Supervision of employees and staff
9
Sharing premises
10
Business, trade or calling
11
Executive appointment
11A
Touting and referrals
11B
Agreement for referrals
11C
Notifications by locum solicitors
11D
Knowing your client
11E
Prohibition against anonymous accounts
11F
Knowing your client’s business relationship
11G
Suspicious transaction reporting
11H
Retention of records
11I
Powers of inspection by Council
PART
III
RELATIONSHIP
AND DEALINGS WITH CLIENTS
12
Diligence and competence
13
Improper costs
14
Complete work in reasonable time
15
Inadequate time
16
Competence
17
Keeping client informed
18
Receipt of client’s moneys or securities
19
Statements of accounts
20
Responding to clients
21
Explanation to client
22
No advice for illegal purpose
23
Authority of client’s agent
24
Confidentiality
25
Conflict of interest
26
Disclosure of interest
27
Adverse interest
28
Potential conflict of interests
29
Not to act for both parties in dispute
30
Not to act against client’s interests
31
Not to act against client
32
Definitions for purposes of rules 33 and 34
33
Prohibited borrowing transaction
34
Exempted borrowing transaction
35
Fees
36
Fees in contentious matters
37
Contingency fees prohibited
38
Gross overcharging
39
Unauthorised persons
40
Evaluation
41
Termination of retainer
42
Withdrawal
43
Fees chargeable in conflict situation
44
Dissolution of law practice
45
Purchases from client
46
Gift by will or inter vivos from client
47
Relationship with other advocates and solicitors
48
No communication with represented clients
49
Second opinion
50
Taking over brief
51
Professional undertaking
52
Responsibility for fees
53
Communications with other solicitors
53A
Relations with third parties
PART
IV
CONDUCT
OF PROCEEDINGS
54
Conduct of proceedings in client’s interest
55
Duty to Court
56
Not to mislead or deceive Court
57
Client's perjury or fraud
58
Duty to cease to act
59
Facts, arguments and allegations
60
Conduct of Court proceedings
61
Scandalous or annoying statements or questions
62
No communication with witness under cross-examination
63
Communication with Court
64
Solicitor not to act if he is a witness
65
Relationship with client or Court
66
Interviewing of witnesses
67
Statements to press or media
68
Payments to witnesses
69
Letter of demand
70
Entering judgment by default
71
Allegations against another solicitor
PART
V
DEFENDING
ACCUSED PERSONS
72
Defending accused regardless of personal opinion
73
Duty of defence counsel
74
Confession by client
75
Advising client to plead
76
Absence from criminal trial
77
Continuing to act if accused absconds
78
Disclosure of previous convictions
79
Evidence from accused
80
Mitigation plea
81
Acting after conviction and sentence
82
Bail
PART
VI
CONDUCT
OF CRIMINAL PROSECUTIONS BY PRACTISING SOLICITOR
83
Presentation of case
84
Potential witnesses
85
Conflicting statements
86
Duty to assist Court
87
Unrepresented accused
88
Pending proceedings against accused
89
Savings
LEGAL PROFESSION ACT
(CHAPTER 161, SECTION 71)
LEGAL PROFESSION (PROFESSIONAL CONDUCT) RULES
[1st June 1998]
Citation
1.These
Rules may be cited as the Legal Profession (Professional Conduct)
Rules.
PART I
PRELIMINARY
Application
2.—(1) These
Rules shall apply to every advocate and solicitor who has in force a
practising certificate.
(2) In the interpretation of these Rules, regard shall be had
to the principle that an advocate and solicitor shall not in the conduct
of his practice do any act which would compromise or hinder the following
obligations:
(a) to maintain the Rule of Law and assist in
the administration of justice;
(b) to maintain the independence and integrity of the
profession;
(c) to act in the best interests of his client and to
charge fairly for work done; and
(d) to facilitate access to justice by members of the
public.
(3) These Rules shall, to the extent of any
inconsistency, prevail over the Practice Directions and Rulings 1989
issued by the Law Society or any additions or amendments thereto.
Definitions
3.—(1) In
these Rules, unless the context otherwise requires —
"client account" has the same meaning as in the Legal
Profession (Solicitors’ Accounts) Rules (R 8);
"client’s money" has the same meaning as in the Legal
Profession (Solicitors’ Accounts) Rules;
"Court" means any court, tribunal, board or committee where
an advocate and solicitor appears as a representative of another
person, whether or not for a fee;
"Judge" means a Judge of the Supreme Court, a District
Judge, Magistrate, Coroner or any person presiding over a court or
statutory tribunal;
"law firm" means a firm of advocates and solicitors and
includes a sole-proprietorship and partnership of 2 or more advocates
and solicitors, but does not include a limited liability law
partnership;
"law practice" means a law firm, a limited liability law
partnership or a law corporation;
"solicitor-trustee" has the same meaning as in the Legal
Profession (Solicitors’ Trust Accounts) Rules (R 9);
"trust account" has the same meaning as in the Legal
Profession (Solicitors’ Trust Accounts) Rules (R 9);
"trust money" has the same meaning as in the Legal
Profession (Solicitors’ Accounts) Rules (R 8).
(2) In these Rules, unless the context otherwise requires —
(a) references to an employee of a solicitor or law firm or
limited liability law partnership or law corporation shall be construed
to include a locum solicitor engaged by the solicitor or law firm or
limited liability law partnership or law corporation; and
(b) references to a member of a law firm or
limited liability law partnership or law corporation shall be
construed to include a locum solicitor engaged by the law firm or
limited liability law partnership or law corporation.
PART II
PRACTICE
Description
4.An
advocate and solicitor shall not describe himself in connection with his
profession as other than as an advocate and solicitor, lawyer, legal
consultant (if qualified), or such other description as may be approved
by the Council from time to time and where so appointed, as a
Commissioner for Oaths or Notary Public.
Practice in one law practice
only
5.—(1) An advocate and solicitor shall
not practise either as a consultant or a member of more than one
law practice.
(2) Notwithstanding paragraph (1), an advocate and solicitor
may practise as a locum solicitor in more than one law practice.
Professional stationery and signs,
etc.
6.An advocate and solicitor shall comply with all
directions of the Society regarding professional stationery or signs,
signboards and name plates.
Arrangements during
absence
7.An advocate and solicitor shall make suitable
arrangements for the running of his practice during any period of his
absence.
Supervision of employees and
staff
8.—(1) An advocate and solicitor shall
exercise proper supervision over his employees and other staff.
(2) Where a sole proprietor of a law firm engages a locum
solicitor, the sole proprietor shall be the designated
supervising practitioner for the locum solicitor.
(3) Where a law firm or a limited liability law
partnership engages a locum solicitor, the partners of the law firm or
the limited liability law partnership shall appoint a partner of the law
firm or the limited liability law partnership (as the case may be)
as the designated supervising practitioner for the locum solicitor.
(4) Where a law corporation engages a locum solicitor, the
directors of the law corporation shall appoint a director of the law
corporation as the designated supervising practitioner for the locum
solicitor.
(5) Without prejudice to paragraph (1), the
designated supervising practitioner shall exercise proper supervision
over the locum solicitor.
Sharing
premises
9.An advocate and solicitor shall not share, occupy
or use premises jointly with any unqualified person unless prior
written approval of the Council is obtained.
Business, trade or
calling
10.An advocate and solicitor shall not engage in
any business, trade or calling which —
(a) derogates from the dignity of the legal profession;
(b) is likely to lead to the attraction of
professional business unfairly; or
(c) is in any way prohibited by the Act or any
subsidiary legislation made thereunder.
Executive
appointment
11.An advocate and solicitor shall not accept
any executive appointment in any company.
Touting and
referrals
11A.—(1) An advocate and solicitor or a
law practice shall not tout for business or do anything which is
likely to lead to the reasonable inference that it is done for the
purpose of touting.
(2) Without prejudice to the generality of paragraph (1),
where there is reason to believe that a client is referred to an advocate
and solicitor or a law practice by a third party, the advocate and
solicitor or law practice, as the case may be, shall —
(a) maintain the independence and integrity of
the profession and not permit the referror to undermine the
professional independence of the advocate and solicitor or law
practice;
(b) not reward the referror by the payment of commission or
any other form of consideration;
(c) not allow the referral in any way to affect the advice
given to such client;
(d) advise the client impartially and independently and
ensure that the wish to avoid offending the referror does not in any
way affect the advice given to the client;
(e) ensure that the referror does not in any way
influence any decision taken in relation to the nature, style or extent
of the practice of the advocate and solicitor or law practice; and
(f) communicate directly with the client to obtain or
confirm instructions in the process of providing advice and at all
appropriate stages of the transaction.
Agreement for
referrals
11B.—(1) In addition to rule 11A, when an
advocate and solicitor or a law practice enters into agreements for
referrals of conveyancing services, the advocate and solicitor or law
practice, as the case may be, shall ensure that the agreement is made in
writing and contains the following terms:
(a) the referror undertakes in such an agreement to comply
with these Rules and the Legal Profession (Publicity) Rules (R 13);
(b) the advocate and solicitor or law practice shall be
entitled to terminate the agreement forthwith if there is reason to
believe that the referror is in breach of any of the terms of the
agreement;
(c) any publicity of the referror (whether written or
otherwise), which makes reference to any service that may be provided
by the advocate and solicitor or law practice, must not suggest any of
the following:
(i) that the conveyancing service is free;
(ii) that different charges for the conveyancing
services would be made according to whether or not the client
instructs the particular advocate and solicitor or law practice;
or
(iii) that the availability or price of other
services offered by the referror or any party related to the referror
are conditional on the client instructing the advocate and
solicitor or law practice; and
(d) the referror must not do anything to impair the right
of the client not to appoint the advocate and solicitor or law practice
or in any way influence the right of the client to appoint the advocate
and solicitor or law practice of his choice.
(2) The advocate and solicitor or law practice, as the case
may be, must forthwith terminate the agreement if the referror is in
breach of any term referred to in paragraph (1) or if there is reason to
believe that the advocate and solicitor or law practice is in breach of
such term.
(3) Where the advocate and solicitor or law practice has
terminated an agreement under paragraph (2), the advocate and solicitor
or law practice, as the case may be, may continue to act in matters the
advocate and solicitor or law practice was instructed prior to the
termination but should not accept any further referrals from the
referror.
Notifications by locum
solicitors
11C.—(1) Whenever an advocate and
solicitor is engaged as a locum solicitor by any law practice, he shall
notify the Law Society (not later than 7 days from the commencement
of each such engagement) of —
(a) the name of the law practice engaging him;
(b) the date of commencement of his engagement by that law
practice; and
(c) the period of his engagement by that law practice.
(2) Whenever an advocate and solicitor ceases to be engaged
as a locum solicitor by any law practice, he shall notify the Law Society
(not later than 7 days from the cessation of each such engagement) of the
date of cessation of his engagement by that law practice.
Knowing your
client
11D.—(1) An advocate and solicitor or a
law practice shall take reasonable measures to ascertain the
identity of a client as soon as reasonably practicable before accepting
instructions to act in a matter.
(2) An advocate and solicitor or a law practice
receiving instructions in a matter from an agent on behalf of a
principal client shall take reasonable measures to ascertain the
identity of the principal client before accepting instructions to act
in the matter.
(3) Subject to paragraph (4), where a client is not a natural
person, an advocate and solicitor or a law practice shall take reasonable
measures to ascertain the identities of the natural persons that have a
controlling interest in or that exercise effective control over the
client.
(4) Paragraph (3) shall not apply in respect of a client that
is —
(a) a ministry or department of the Government, an organ of
State or a statutory board; or
(b) a public company listed on a securities exchange or a
recognised securities exchange within the meaning of the Securities and
Futures Act (Cap. 289).
Prohibition against anonymous
accounts
11E.An advocate and solicitor or a law practice
shall not open or maintain any account for or hold and receive
moneys from —
(a) an anonymous source; or
(b) a client with an obviously fictitious name.
Knowing your client’s
business relationship
11F.—(1) This rule shall
apply where an advocate and solicitor or a law practice acts for a client
in any of the following matters:
(a) acquisition, divestment or any other dealing of any
interest in real estate;
(b) management of client’s moneys, securities or other
assets, or bank, savings or securities accounts;
(c) creation, operation or management of a
company, corporation, partnership, society, trust or other legal entity
or legal arrangement;
(d) acquisition, merger, sale or disposal of a
company, corporation, partnership, business trust, sole proprietorship
or other business entity; or
(e) a matter that is unusual in the ordinary course of
business having regard to —
(i) the complexity of the matter;
(ii) the quantum involved;
(iii) any apparent economic or lawful purpose of
the matter; and
(iv) the business and risk profile of the client.
(2) When accepting instructions in relation to a
matter referred to in paragraph (1), and at any time thereafter in
accordance with the Law Society’s Practice Directions, the
advocate and solicitor or the law practice shall obtain satisfactory
evidence as to the nature and purpose of —
(a) the business relationship with the client in
the matter; and
(b) the business relationship between the client and any
other party to the matter.
(3) If a client refuses or is unable to provide
the satisfactory evidence required under paragraph (2), the
advocate and solicitor or the law practice shall not act or continue to
act for the client.
(4) The satisfactory evidence required under paragraph (2)
shall include the following:
(a) evidence to ascertain the identity of the
client; and
(b) if moneys or securities are to be held for the client
by the advocate and solicitor or the law practice, evidence to identify
the legal and beneficial owners of the moneys or securities to be
deposited with or held by the advocate and solicitor or the law
practice.
Suspicious transaction
reporting
11G.Where an advocate and solicitor or a law
practice knows or has reasonable grounds to suspect any matter referred
to in section 39(1) of the Corruption, Drug Trafficking and Other
Serious Crimes (Confiscation of Benefits) Act (Cap. 65A), the advocate
and solicitor or the law practice shall disclose the matter to —
(a) the Suspicious Transaction Reporting Office of the
Commercial Affairs Department by way of a suspicious
transaction report; or
(b) an authorised officer under that Act,
in accordance with section 39 of that Act.
Retention of
records
11H.—(1) A law practice shall retain for
not less than 5 years after the end of a matter —
(a) the documents that were used to ascertain the identity
of the client under rule 11D;
(b) the documents that were used to ascertain the nature
and purpose of the business relationships under rule 11F; and
(c) records of transactions undertaken on behalf of the
client in that matter.
(2) A law practice shall ensure that the documents and
records retained shall be sufficient to enable information on the
identity of the client and details of the matter to be given to a
competent authority when requested, subject to the obligations relating
to professional communications under section 128 of the Evidence Act
(Cap. 97).
(3) In this rule, “competent authority” includes the Council,
a person appointed by the Council under rule 11I and a police
officer.
Powers of inspection by
Council
11I.—(1) In order to ascertain whether
rules 11D to 11H are being complied with, the Council, acting —
(a) on its own motion; or
(b) on a written complaint lodged with it by a
third party,
may require an advocate and solicitor or a proprietor, partner or
director of a law practice to produce any document or provide any
information or explanation to the Council or to any person appointed by
the Council.
(2) Before appointing a person under paragraph (1), the
Council shall consider any objection made by the advocate and solicitor
or the proprietor, partner or director of the law practice to the
appointment of that person on personal or other proper grounds.
(3) A requirement under paragraph (1) shall be made under the
hand of a member of the Council and may be served —
(a) by delivering it to the advocate and solicitor or the
proprietor, partner or director of the law practice; or
(b) by sending it by registered post to his usual or last
known address as maintained by the Society.
(4) Upon being required to produce any document,
information or explanation, the advocate and solicitor or the proprietor,
partner or director of the law practice shall provide to the Council
or to any person appointed by the Council the document,
information or explanation.
(5) A document that is in electronic form shall be produced
in the form or format required by the Council or the person appointed by
the Council.
(6) The Council or the person appointed by the Council may —
(a) retain the document provided and make and retain copies
of the document; and
(b) record the information or explanation provided.
(7) The Council may —
(a) use the document, information or explanation
obtained as a basis for proceedings under the Act; and
(b) disclose the document, information or explanation for
the purposes of an investigation of a criminal offence and
of subsequent criminal proceedings.
PART III
RELATIONSHIP AND DEALINGS WITH CLIENTS
Diligence and
competence
12.An advocate and solicitor shall use all
reasonably available legal means consistent with the agreement pursuant
to which he is retained to advance his client's interest.
Improper
costs
13.An advocate and solicitor shall not undertake
work in such a manner as to unnecessarily or improperly escalate
his costs that are payable to him.
Complete work in reasonable
time
14.—(1) An advocate and solicitor shall
at all times use his best endeavours to complete any work on
behalf of a client as soon as is reasonably possible.
(2) If it becomes apparent to the advocate and solicitor that
he cannot do the work within a reasonable time, he should so inform the
client.
Inadequate
time
15.An advocate and solicitor shall not accept
instructions if, having regard to his other professional commitments, he
will not be able to discharge or carry out such instructions
diligently and expeditiously.
Competence
16.An
advocate and solicitor shall not accept instructions in a field of
practice in which he possesses insufficient knowledge, skill or
experience to provide competent representation to the client unless —
(a) the advocate and solicitor is able, without undue delay
and cost to the client, or unless the client is agreeable to bear any
further cost necessarily incurred, to obtain such knowledge and skill
either through study and research or through the association with him
of another lawyer (whether within or outside the same jurisdiction) of
established competence in that field; or
(b) where access to the relevant body of knowledge or to a
lawyer of competence in the field is not readily available, the
advocate and solicitor informs the client of those facts and of the
likely delay and cost in acquiring the requisite knowledge and skill
and the client voluntarily consents to the advocate and solicitor
acting in the matter.
Keeping client
informed
17.An advocate and solicitor shall keep the client
reasonably informed of the progress of the client’s matter.
Receipt of client’s moneys
or securities
18.—(1) An advocate and solicitor
shall notify his client promptly of the receipt by him of moneys or
securities on behalf of that client.
(2) An advocate and solicitor practising as a locum solicitor
shall not —
(a) hold or receive client’s money or trust money or any
security on behalf of a client;
(b) open, maintain or operate any client account or trust
account;
(c) give instructions in respect of any client account or
trust account;
(d) sign any cheque or effect any instruction for the
withdrawal of money from a client account or trust account;
(e) sign any bill of costs referred to in section 118 of
the Act, or any letter accompanying such a bill; or
(f) act as a solicitor-trustee.
Statements of
accounts
19.An advocate and solicitor shall expeditiously
render statements of accounts if requested by the client.
Responding to
clients
20.An advocate and solicitor shall where possible —
(a) promptly respond to the client’s telephone calls;
and
(b) keep appointments made with the client,
unless there are good and sufficient reasons why this cannot be
done.
Explanation to
client
21.—(1) An advocate and solicitor shall
explain in a clear manner, proposals of settlement, other offers or
positions taken by other parties which affect the client.
(2) Where the client is not English speaking, the advocate
and solicitor shall ensure that any offers or proposals of settlement are
explained to the client in the language or dialect that he
understands.
No advice for illegal
purpose
22.An advocate and solicitor shall not tender
advice to a client when the advocate and solicitor knows or has
reasonable grounds to believe that the client is requesting the advice to
advance an illegal purpose.
Authority of client’s
agent
23.An advocate and solicitor shall ensure that an
agent giving instructions on behalf of a client has the required
authority to do so and, in the absence of evidence of such authority,
the advocate and solicitor shall, within a reasonable time thereof,
confirm the instructions with the client.
Confidentiality
24.—(1) An
advocate and solicitor shall not in any way, directly or indirectly —
(a) disclose any confidential information which
the advocate and solicitor receives as a result of the retainer; or
(b) disclose the contents of the papers recording such
instructions,
unless with the consent of the client or is required by law
or order of court.
(2) Notwithstanding paragraph (1), an advocate and solicitor
may use the confidential information to reply or defend any charge or
complaint as to his conduct or professional behaviour brought against him
whether in Court or before a disciplinary tribunal of the Society.
Conflict of
interest
25.During the course of a retainer, an advocate and
solicitor shall advance the client's interest unaffected by —
(a) any interest of the advocate and solicitor;
(aa) where the advocate and solicitor is a director or an
employee of a law corporation, any interest of the law corporation;
(ab) where the advocate and solicitor is a partner or an
employee of a limited liability law partnership, any interest of the
limited liability law partnership;
(b) any interest of any other person; or
(c) the advocate and solicitor’s perception of the public
interest except where accepting the instructions may make it difficult
for him to maintain his professional independence or would make it
incompatible with the best interests of the administration of
justice.
Disclosure of
interest
26.In any case where the advocate and solicitor or
any member of his family or any law corporation of which the
advocate and solicitor is a director or an employee or any limited
liability law partnership of which the advocate and solicitor is a
partner or an employee has an interest in any matter entrusted to him
by a client, the advocate and solicitor shall —
(a) make a full and frank disclosure of such interest to
the client; or
(b) if, on the grounds of confidentiality or for any other
reason, the advocate and solicitor is unable to make such disclosure,
decline to represent or withdraw from representing that client.
Adverse
interest
27.An advocate and solicitor shall decline to
represent, or withdraw from representing, a client where the interest of
—
(a) the advocate and solicitor or any member of
his family;
(b) any law corporation (of which the advocate
and solicitor is a director or an employee) or any of its
directors or employees; or
(c) any limited liability law partnership (of which the
advocate and solicitor is a partner or an employee) or any of its
partners or employees,
is adverse to the interest of the client, unless the client
having been fully informed, and advised that he should seek
independent legal advice, consents to the advocate and solicitor acting
or continuing to act on his behalf.
Potential conflict of
interests
28.When accepting instructions to act for more
than one party in any commercial or conveyancing transaction where a
diversity of interests exists between the parties, an advocate and
solicitor shall advise each party of the potential conflict of interests
and of the advocate and solicitor’s duty if such conflict arises.
Not to act for both parties in
dispute
29.—(1) When an advocate and solicitor or
any member of his firm has acted for more than one party in the
preparation of a document creating rights and obligations between them
and a dispute in relation to the matter has arisen between them where
the enforceability of the document is in dispute, or where the
dispute is such that the advocate and solicitor is likely to be in
conflict, the advocate and solicitor or any member of his firm shall not
act for any party to the transaction in relation to that dispute.
(2) Where an advocate and solicitor or any
solicitor practising in the same law corporation or limited liability
law partnership as the advocate and solicitor has acted for more
than one party in the preparation of a document creating rights and
obligations between them and a dispute in relation to the matter has
arisen between them where the enforceability of the document is in
dispute, or where the dispute is such that the advocate and solicitor
is likely to be in conflict, the advocate and solicitor or any
solicitor practising in the same law corporation or limited liability
law partnership shall not act for any party to the transaction in
relation to that dispute.
Not to act against
client’s interests
30.—(1) An advocate and
solicitor or any member of his law firm or any director or employee of
the law corporation of which the advocate and solicitor is a director or
an employee or any partner or employee of the limited liability law
partnership of which the advocate and solicitor is a partner or an
employee shall decline to advise a person whose interests are opposed
to that of a client he is representing on any matter and shall
inform such person to obtain independent legal advice.
(2) If the person does not obtain such independent legal
advice, the advocate and solicitor is under a duty to ensure that the
person is not under an impression that his interests are protected by the
advocate and solicitor.
Not to act against
client
31.—(1) An advocate and solicitor who has
acted for a client in a matter shall not thereafter act against the
client (or against persons who were involved in or associated with
the client in that matter) in the same or any related matter.
(2) For the purposes of paragraph (1), the term “client”
includes a client of the law practice of which the advocate and
solicitor is a partner, a director, an associate or an employee, whether
or not he handles the client’s work.
(3) Paragraph (1) shall apply even where the advocate and
solicitor concerned becomes a member of a different law practice.
(4) Nothing herein shall preclude a law practice from acting
against a party in a matter provided that —
(a) the law practice has not previously acted for the party
(or for persons who were involved in or associated with the party in
that matter) in the same or any related matter; and
(b) any advocate and solicitor of the law practice who has
previously acted for the party in the same or related matter neither
acts nor is involved in that matter or related matter in any way
whatsoever and does not otherwise disclose any confidential information
relating to the matter or the party to any other member of the law
practice.
Definitions for purposes of rules
33 and 34
32.For the purposes of rules 33 and 34 —
"associated party" includes —
(a) any member of the immediate family of the
advocate and solicitor or of his partner or partners or of his
employees or, in the case of a law corporation, of any of its
directors or employees or, in the case of a limited liability law
partnership, of any of its partners or employees; and
(b) any body corporate, partnership, syndicate,
joint- venture or trust in which the advocate and solicitor or any
member of his immediate family or any member of the immediate family
of his partner or employee has or have any beneficial interest
whether vested or contingent;
"client" includes —
(a) any person who has an existing relationship
of solicitor and client with the advocate and solicitor;
(b) any person defined as client in the Act; and
(c) any person seeking to invest money through
an advocate and solicitor or approached by or on behalf of an
advocate and solicitor for that purpose;
"excepted person" means any licensed or authorised banks,
finance companies or any other similar entity whose business includes
lending money to members of the public;
"full disclosure" means such disclosure in writing by the
advocate and solicitor as would be necessary if the transaction were a
trustee transaction;
"immediate family" means a spouse, child, grandchild,
sibling, sibling's children, parent or grandparent;
"independent advice" means advice by an advocate and
solicitor not being a party to the transaction nor representing any
associated party and where the advocate and solicitor has certified in
writing that he has given such advice;
"prohibited borrowing transaction" means any transaction
under or by virtue of which money or valuable security is borrowed
(directly or indirectly and whether with or without security) by an
advocate and solicitor from his client or by an associated party from
that client unless the client is an excepted person.
Prohibited borrowing
transaction
33.Subject to rule 34, an advocate and solicitor
shall not —
(a) enter into a prohibited borrowing transaction;
(b) instruct, procure, secure or arrange for an
associated party to enter into a prohibited borrowing transaction;
or
(c) knowingly allow an associated party to enter into a
prohibited borrowing transaction if it is within his power to prevent
it.
Exempted borrowing
transaction
34.Rule 33 shall not apply to any transaction in
respect of which —
(a) all parties thereto, other than the advocate
and solicitor or the associated party, have received independent
advice and the certificate referred to in the definition of
“independent advice” in rule 32 as to that advice has been given
prior to the transaction being entered into; and the advocate and
solicitor has made full disclosure of any interest of the advocate and
solicitor and of any associated party;
(b) the advocate and solicitor does not act for the client
in relation to the transaction but the client is represented by an
independent advocate and solicitor; or
(c) the Council determines (either before or after the
transaction is entered into) that it shall not apply to that particular
transaction.
Fees
35.An
advocate and solicitor shall inform the client —
(a) of the basis on which fees for professional
services will be charged and the manner in which it is expected that
those fees and disbursements, if any, shall be paid by the client;
(b) of other reasonably foreseeable payments the client may
have to make either to the advocate and solicitor or to a third party
and the stages at which the payments are likely to be required;
(c) of the estimates of the fees and other payments, which
shall not vary substantially from the final amount, unless the client
has been informed of the changed circumstances in writing;
(d) that the fees may be subject to a limit which may be
incurred without further reference and, where the limit imposed on the
fees is insufficient, the advocate and solicitor shall obtain the
client’s instructions as to whether to continue with the matter; and
(e) of the approximate amount of the costs to date in every
6 months, whether or not a limit has been set, or deliver an interim
bill in appropriate cases.
Fees in contentious
matters
36. An advocate and solicitor shall, at the outset
of a contentious matter and at appropriate stages thereafter,
explain to the client the following:
(a) that in any event the client shall be
personally responsible for payment of his own solicitor and client bill
of costs in full regardless of any order for costs made against
the opponent;
(b) that in the event the client loses, he will have to pay
his opponent’s costs as well as his own; and
(c) that even if the client wins, his opponent may not be
ordered to pay the full amount of the client’s own costs and may not be
capable of paying what has been ordered.
Contingency fees
prohibited
37. An advocate and solicitor shall not enter
into any negotiations with a client —
(a) for an interest in the subject matter of
litigation; or
(b) except to the extent permitted by any scale of costs
which may be applicable, for remuneration proportionate to the amount
which may be recovered by the client in the proceedings.
Gross
overcharging
38.An advocate and solicitor shall not render a
bill (whether the bill is subject to taxation or otherwise) which
amounts to such gross overcharging that will affect the integrity of
the profession.
Unauthorised
persons
39.An advocate and solicitor shall not share his
fees with or pay a commission to any unauthorised person for any
legal work performed.
Evaluation
40.An
advocate and solicitor shall, in appropriate cases, evaluate with a
client whether the consequence of a matter justifies the expense or the
risk involved.
Termination of
retainer
41.An advocate and solicitor shall —
(a) permit a client to change his legal adviser at any
time; and
(b) in the case where the outstanding fees are not agreed
or paid, release all documents and offer any such assistance as may be
necessary to enable any other advocate and solicitor instructed to take
over the matter upon receiving an undertaking to protect his lien upon
such documents.
Withdrawal
42.—(1) Subject
to rule 41, an advocate and solicitor may withdraw from representing a
client —
(a) at any time and for any reason if the withdrawal will
cause no significant harm to the client’s interest and the client is
fully informed of the consequences of withdrawal and voluntarily
assents to it;
(b) if the advocate and solicitor reasonably believes that
continued engagement in the case or matter would be likely to have a
serious adverse effect upon his health;
(c) if a client breaches an agreement with the advocate and
solicitor regarding fees or expenses to be paid by the client or
regarding the client’s conduct;
(d) if a client makes material misrepresentations about the
facts of the case or matter to the advocate and solicitor;
(e) if an advocate and solicitor has an interest in any
case or matter in which the advocate and solicitor is concerned for the
client which is adverse to that of the client;
(f) where such action is necessary to avoid a
contravention by the advocate and solicitor of the Act or these Rules
or any other subsidiary legislation made under the Act; or
(g) where any other good cause exists.
(2) Where an advocate and solicitor withdraws
from representing a client, he shall take reasonable care to avoid
foreseeable harm to the client, including —
(a) giving due notice to the client;
(b) allowing reasonable time for substitution of a new
advocate and solicitor;
(c) co-operating with the new advocate and
solicitor; and
(d) subject to the satisfaction of any lien the
advocate and solicitor may have, promptly paying to the client any
moneys and handing over all papers and property to which the client
is entitled.
Fees chargeable in conflict
situation
43.Where, through a conflict of interest, an
advocate and solicitor has recommended to a client that the client seek
alternative legal representation, the advocate and solicitor may charge
only for those items which clearly need not be duplicated by the
alternative advocate and solicitor.
Dissolution of law
practice
44.—(1) When a law practice is dissolved,
the solicitor and client relationship between the client and the
advocate and solicitor in charge of his matter shall terminate.
(2) The final decision of which advocate and solicitor shall
be appointed to take over the matter shall rest with the client.
Purchases from
client
45.—(1) Subject to the law on fiduciary
relationship, an advocate and solicitor may purchase goods and assets
from a client only if the purchase is at the prevailing market price or
at such price as is reasonable.
(2) Where practicable, the advocate and solicitor shall
obtain an independent valuation of such goods and assets.
Gift by will or inter vivos from
client
46.Where a client intends to make a significant
gift by will or inter vivos, or in any other manner, to —
(a) an advocate and solicitor acting for him;
(b) any member of the law firm of the advocate
and solicitor;
(c) any member, director or employee of the law
corporation of the advocate and solicitor;
(ca) any partner or employee of the limited liability law
partnership of the advocate and solicitor; or
(d) any member of the family of the advocate and solicitor,
the advocate and solicitor shall not act for the client and
shall advise the client to be independently advised in respect of
the gift.
Relationship with other advocates
and solicitors
47.An advocate and solicitor shall treat
his professional colleagues with courtesy and fairness.
No communication with represented
clients
48.—(1) An advocate and solicitor shall
not, directly or indirectly, communicate with a client of another
advocate and solicitor in the same transaction, except —
(a) with the express approval of such other advocate and
solicitor;
(b) where it is not reasonably practicable to
communicate with the other advocate and solicitor; or
(c) where the interests of the advocate and
solicitor’s client will be severely prejudiced if the communication is
delayed.
(2) In the case of paragraph (1)(b) or (c), the
other advocate and solicitor must be informed as soon as possible.
Second
opinion
49.An advocate and solicitor may give a second
opinion with or without the knowledge of the first advocate and
solicitor except that the second solicitor shall not improperly seek to
influence the client to determine the first advocate and
solicitor's retainer.
Taking over
brief
50.An advocate and solicitor who finds, on
receiving instructions, that acceptance of the instructions would amount
to his replacing another advocate and solicitor who has
previously been instructed in the same matter, shall inform the other
advocate and solicitor that instructions have been given to him and
advise the client to pay the outstanding costs, if any, of the other
advocate and solicitor before accepting the brief.
Professional
undertaking
51.An advocate and solicitor shall honour the
terms of a professional undertaking given to another advocate and
solicitor, a court of law, tribunal, client or any other person.
Responsibility for
fees
52.—(1) Except where otherwise agreed, an
advocate and solicitor or a law practice, as the case may be, who
instructs another advocate and solicitor or law practice shall be
responsible for the payment of the latter’s fees.
(2) This rule shall also apply where the advocate and
solicitor or law practice instructs a lawyer in such other
jurisdiction which recognises a reciprocal responsibility for the payment
of the fees of an advocate and solicitor or a law practice.
Communications with other
solicitors
53.An advocate and solicitor shall not
voluntarily disclose to the Court any discussions between himself and the
advocate and solicitor acting for another party without the consent of
the other advocate and solicitor.
Relations with third
parties
53A.An advocate and solicitor shall not take unfair
advantage of any person or act towards anyone in a way which is
fraudulent, deceitful or otherwise contrary to his position as advocate
and solicitor or officer of the Court.
PART IV
CONDUCT OF PROCEEDINGS
Conduct of proceedings in
client’s interest
54.Subject to these Rules, an
advocate and solicitor shall conduct each case in such a manner as he
considers will be most advantageous to the client so long as it does not
conflict with the interests of justice, public interest and
professional ethics.
Duty to
Court
55.An advocate and solicitor shall at all times —
(a) act with due courtesy to the Court before which he is
appearing;
(b) use his best endeavours to avoid unnecessary
adjournments, expense and waste of the Court’s time; and
(c) assist the Court in ensuring a speedy and
efficient trial and in arriving at a just decision.
Not to mislead or deceive
Court
56.An advocate and solicitor shall not knowingly
deceive or mislead the Court, any other advocate and solicitor,
witness, Court officer, or other person or body involved in or
associated with Court proceedings.
Client's perjury or
fraud
57.If at any time before judgment is delivered in
any case, an advocate and solicitor becomes aware that his client
has committed perjury or has otherwise been guilty of fraud upon
the Court, the advocate and solicitor —
(a) may apply for a discharge from acting further in the
case; or
(b) if required to continue, shall conduct the case in such
a manner that it would not perpetuate the perjury or fraud.
Duty to cease to
act
58.An advocate and solicitor shall cease to act for
a client if —
(a) the client refuses to authorise him to make
some disclosure to the Court which his duty to the Court requires
him to make;
(b) the advocate and solicitor having become aware during
the course of a case of the existence of a document which should have
been but has not been disclosed on discovery, the client fails
forthwith to disclose it; or
(c) having come into possession of a document belonging to
another party by some means other than the normal and proper channels
and having read it, he would thereby be embarrassed in the discharge of
his duties by the knowledge of the contents of the document.
Facts, arguments and
allegations
59.An advocate and solicitor shall not contrive
facts which will assist his client’s case or draft any
originating process, pleading, affidavit, witness statement or notice or
grounds of appeal containing —
(a) any statement of fact or contention (as the case may
be) which is not supported by his client or instructions;
(b) any allegation of fraud unless he has clear
instructions to make such allegation and has before him reasonable
credible material which as it stands establishes a prima facie case of
fraud; or
(c) in the case of an affidavit or witness statement, any
statement of fact other than the evidence which in substance according
to his instructions the advocate and solicitor reasonably believes the
witness would give if the evidence contained in the affidavit or
witness statement were being given orally.
Conduct of Court
proceedings
60.An advocate and solicitor when conducting
proceedings in Court —
(a) shall be personally responsible for the conduct and
presentation of his case and shall exercise personal judgment upon the
substance and purpose of statements made and questions asked;
(b) shall not express his personal opinion of his client’s
guilt or allow his personal feelings to affect his professional
assessment of the facts or the law or to affect his duty to the
Court;
(c) shall inform the Court of all relevant decisions and
legislative provisions of which he is aware whether the effect is
favourable or unfavourable towards the contention for which
he argues;
(d) shall bring any procedural irregularity to
the attention of the Court during the hearing and not reserve
such matter to be raised on appeal;
(e) shall not advance submissions, opinions or
propositions which to his knowledge is contrary to the law;
(f) shall not concoct evidence or contrive facts which will
assist in advancing his client’s case;
(g) shall not by assertion in a speech make an
allegation against a witness whom he had an opportunity to
cross-examine unless in cross-examination he has given the witness an
opportunity to answer the allegation; or
(h) shall not suggest that a witness or other person is
guilty of any crime, fraud or misconduct or attribute to another person
the crime or conduct of which his client is accused unless such
allegations go to a matter in issue (including the credibility of the
witness) which is material to his client's case and which appear to him
to be supported by reasonable grounds.
Scandalous or annoying statements
or questions
61.In all cases, an advocate and solicitor
—
(a) shall not make statements or ask questions which are
scandalous or intended to insult or calculated only to vilify insult
or annoy either the witness or any other person or are otherwise an
abuse of the function of the advocate and solicitor; and
(b) shall exercise his own judgment both as to
the substance and the form of the questions put or statements
made.
No communication with witness under
cross-examination
62.—(1) An advocate and solicitor
shall not interview or discuss with a witness, whom the advocate and
solicitor has called, his evidence or the evidence of the other witness
while such witness is under cross-examination.
(2) Paragraph (1) shall not prevent the advocate
and solicitor from communicating with his client for any purpose
necessary to the proper management of the matter being handled by him or
his law firm or a law corporation of which he is a director or an
employee or a limited liability law partnership of which he is a
partner or an employee.
Communication with
Court
63.—(1) An advocate and solicitor
representing an interested party shall not initiate communication with
the Court about the facts, issues or any other matter in a case that the
advocate and solicitor knows is pending or likely to be pending before
the Court unless the advocate and solicitor has first informed the
persons acting for all other interested parties of the nature of the
matters he wishes to communicate with the Court and has given them an
opportunity to be present or to reply.
(2) If an advocate and solicitor has communicated with the
Court regarding the issues in a case in the absence of the person acting
for the other party, the advocate and solicitor shall fully inform that
person of such discussion at the earliest opportunity.
Solicitor not to act if he is a
witness
64.—(1) An advocate and solicitor shall
not accept instructions in a case in which the advocate and
solicitor has reason to believe that he is likely to be a witness on a
material question of fact.
(2) An advocate and solicitor shall discharge himself from
representing a client if it becomes apparent to the advocate and
solicitor that he is likely to be a witness on a material question of
fact.
(3) In discharging himself, the advocate and solicitor shall
take all reasonable steps to ensure that his client’s interest is not in
any way jeopardised.
Relationship with client or
Court
65.An advocate and solicitor shall not appear
before a Court in a matter where —
(a) by reason of his relationship with the client it would
be difficult for the advocate and solicitor to maintain his
professional independence; or
(b) by reason of his relationship with the Court or a
member thereof the impartial administration of justice might appear to
be prejudiced.
Interviewing of
witnesses
66.Subject to rule 63, an advocate and solicitor
may interview and take statements from any witness or prospective
witness at any stage in the proceedings, whether or not that witness
has been interviewed or called as a witness by another party to the
proceedings except that if the advocate and solicitor is aware that the
witness has been called or issued a subpoena to appear in Court by the
other party to the proceedings, he shall inform the advocate and
solicitor of the other party or the prosecution in criminal proceeding,
as the case may be, of his intention to interview or take
statements from the witness.
Statements to press or
media
67.An advocate and solicitor shall not give a
statement to the press or media whether on behalf of the client or
otherwise, which may amount to contempt of Court or which is calculated
to interfere with the fair trial of a case which has not been
concluded.
Payments to
witnesses
68.An advocate and solicitor shall not make or
offer to make payments (other than the allowable disbursements and
expenses the witness is entitled to under the law) to the witness
contingent upon the nature of the evidence given or upon the outcome of a
case.
Letter of
demand
69.An advocate and solicitor shall not, in his
letter of demand, demand anything other than that recoverable by due
process of law.
Entering judgment by
default
70.—(1) An advocate and solicitor shall
not enter judgment by default pursuant to the Rules of Court (Cap.
322, R 5) against any other party who is on record represented by
another advocate and solicitor, or take any advantage of any delay in
filing pleadings unless written notice of his intention to do so has been
given to the other advocate and solicitor and 2 working days have
elapsed after service of such notice.
(2) Any notice under paragraph (1) given on a working day
after 4.00 p.m. or on a day other than a working day shall be deemed to
have been given on the next working day.
(3) This rule shall not operate to extend the time stipulated
by any order of court for any action or step to be taken and no notice
need to be given under this rule before any action or step is taken upon
any failure to comply with any such order of court.
(4) In this rule, “working day” means any day other than a
Saturday, Sunday or public holiday.
Allegations against another
solicitor
71.—(1) An advocate and solicitor whose
client has given instructions to include in an affidavit to be sworn
whether by the client or his witness, an allegation made against
another advocate and solicitor, shall give the other advocate and
solicitor an opportunity to answer the intended allegations.
(2) In such a case, the answer of the other advocate and
solicitor shall be included in the affidavit before the same is deposed
to, filed and served.
PART V
DEFENDING ACCUSED PERSONS
Defending accused regardless of
personal opinion
72.Subject to these Rules, an advocate
and solicitor shall defend any person on whose behalf he is instructed on
a criminal charge irrespective of any opinion which the advocate and
solicitor may have formed as to the guilt or innocence of that person.
Duty of defence
counsel
73.When defending a client on a criminal charge, an
advocate and solicitor shall endeavour to protect the client from being
convicted except by a competent Court and upon legal evidence sufficient
to support a conviction for the offence with which the client is
charged.
Confession by
client
74.An advocate and solicitor to whom a clear
confession of guilt has been made by a client —
(a) may, if the confession is made before the
proceedings have commenced; or
(b) should, if the confession is made during the proceedings,
continue to act but shall not set up an affirmative case
inconsistent with the confession by, for example, asserting or suggesting
that some other person committed the offence charged or calling
evidence in support of an alibi.
Advising client to
plead
75.An advocate and solicitor may advise a client to
plead guilty to a criminal charge but the client must be allowed
complete freedom of choice whether to plead guilty or not guilty.
Absence from criminal
trial
76.An advocate and solicitor appearing for a client
on a criminal charge shall not absent himself from a trial unless —
(a) there are exceptional circumstances which the advocate
and solicitor could not reasonably have foreseen;
(b) he obtains the consent of his client; and
(c) a competent assisting counsel, who is well
informed about the case and able to deal with any question which might
reasonably be expected to arise, takes over the conduct of the case
from the advocate and solicitor.
Continuing to act if accused
absconds
77.If during the course of a criminal trial and
prior to final sentence, the accused absconds, the advocate and
solicitor may continue to act and, if he does so, the advocate and
solicitor shall conduct the case on the basis of the instructions he has
received as if the client is still present in Court but had decided not
to give evidence.
Disclosure of previous
convictions
78.Where a client who has a record of previous
convictions is convicted of an offence and the prosecution —
(a) does not put the record before the Court;
(b) puts only part of the record before the Court; or
(c) puts before the Court a record containing errors that
favour the client,
the advocate and solicitor acting for that client is under no duty
to make any disclosure to the Court if the disclosure would be to his
client’s detriment, except that the advocate and solicitor shall not lend
himself to any assertion that the client has no convictions nor ask a
prosecution witness whether there are previous convictions against the
client in the hope of receiving a negative answer.
Evidence from
accused
79.An advocate and solicitor may advise a client
about giving evidence in his own defence but the client must be
allowed complete freedom of choice whether to give evidence or not.
Mitigation
plea
80.An advocate and solicitor shall not in a plea in
mitigation make an allegation that is scandalous or calculated to vilify
or insult any person.
Acting after conviction and
sentence
81.An advocate and solicitor shall continue to
reasonably assist his client after conviction and sentence.
Bail
82.An
advocate and solicitor shall not post bail for the client in a case where
he is personally conducting the defence on behalf of the client.
PART VI
CONDUCT OF CRIMINAL PROSECUTIONS BY PRACTISING
SOLICITOR
Presentation of
case
83.A prosecuting advocate and solicitor shall
present to the Court or tribunal, fairly and impartially, the whole of
the facts which comprise the case for the prosecution or the case
which the defendant has to meet.
Potential
witnesses
84.A prosecuting advocate and solicitor shall,
prior to the trial and within a reasonable time, inform the defence
of the identity and location (if known) of any person who he
knows may be able to give evidence relevant to a case but who is not
proposed to be called by the prosecution.
Conflicting
statements
85.A prosecuting advocate and solicitor shall
within a reasonable time inform the defence where a witness called by
the prosecution gives evidence on a material issue in substantial
conflict with a prior statement made by the witness.
Duty to assist
Court
86.A prosecuting advocate and solicitor shall
assist the Court at all times before the conclusion of the trial, by
drawing attention to any apparent errors or omissions of fact or law
or procedural irregularities which in his opinion ought to be
corrected.
Unrepresented
accused
87.If the accused person is unrepresented, the
prosecuting advocate and solicitor shall inform the Court of any
mitigating circumstances as to which he is instructed or knows.
Pending proceedings against
accused
88.A prosecuting advocate and solicitor shall not
disclose to the Court the fact that there are proceedings pending
against the accused person except —
(a) on an application for an adjournment or remand where
the fact of pending proceedings is relevant to whether an adjournment
or remand should be granted, the length of the adjournment or remand,
or any proposed condition of the adjournment or remand;
(b) in relation to an application for bail;
(c) in answer to an allegation by or on behalf of an
accused person that there are no criminal matters pending against him;
or
(d) where such evidence would otherwise be admissible as a
result of any law or rules.
Savings
89.These
Rules shall not limit or restrict any duty or obligation of an advocate
and solicitor or any right or remedy of any person which otherwise exists
or may arise.
[G.N. Nos. S 156/98; S 410/2001;S 71/2005; S 656/2006; S
384/2007]
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