Employment of Staff
Pursuant to section 78(1) of the Legal Profession Act (‘Act’), consent of the High Court is required if a solicitor wishes to employ or to remunerate any person, who to his knowledge is an undischarged bankrupt or has been:
Struck off a roll of legal practitioners in Singapore, Malaysia or elsewhere and remains struck off;
Suspended from practising as an advocate and solicitor in Singapore, Malaysia or elsewhere and remains suspended;
Convicted of an offence involving dishonesty;
Convicted of an offence under section 33 of the Miscellaneous Offences (Public Order and Nuisance) Act or under any provision of this Act;
Listed as a tout under the Supreme Court of Judicature Act or the Subordinate Courts Act; or
A person in respect of whom an order under subsection (4) has been made.
Applications made under section 78(1) of the Act by way of originating summons must be supported by (i) an affidavit from the sole proprietor, managing partner or managing director of the law practice (“employer”), and (ii) an affidavit from the intended employee. The application must be served on the Law Society and the Attorney-General.
The affidavit of the employer must include the following information:
Job title or designation of the intended employee;
Description of the scope of duties or work of the intended employee;
Circumstances leading to the bankruptcy, conviction or suspension of the intended employee; and
Employment history of the intended employee.
The affidavit of the employer must also contain the following undertakings:
To ensure that the intended employee will perform only the scope of work set out in the affidavits of the employer and employee, and that such work shall be duly supervised by the law practice’s solicitors; and
To ensure that the intended employee will not have any dealings with the law practice’s money, whether it be in respect of the office accounts or otherwise.
The employee’s affidavit must include the following information:
Circumstances leading to his bankruptcy, conviction or suspension;
In the case of a bankrupt, to set out the amount of debts owed and to whom (attaching relevant supporting documents as exhibits to the affidavit);
In the case of a criminal conviction, particulars of the charge, whether the plea was of guilt or to claim trial, whether he was represented by counsel of self-represented, the date of the conviction, the sentence meted out and if any plea in mitigation was raised;
Family background and/or circumstances; and
The job designation and scope of work.
In the case of a person who was previously employed as a public officer, the consent of the Attorney General pursuant to section 78(2) of the Act is required before a law practice may employ or remunerate that person.
Pursuant to section 78 (7) of the Act, law practices are required to submit to the Law Society statutory declarations duly affirmed/declared by their employees (other than a solicitor or a qualified person) within fourteen (14) days of commencement of the employees’ employment certifying the following:
That he is not an undischarged bankrupt;
That he has not been struck off a roll of legal practitioners;
That he has not been suspended from practising as an advocate and solicitor;
That he has not been convicted of an offence of dishonesty;
That he has not been convicted of an offence under section 33 of the Miscellaneous Offences (Public Order and Nuisance) Act or under any other provision of the same Act;
That he has not been listed as a tout under the Supreme Court of Judicature Act or the Subordinate Courts Act;
That an order pursuant to section 78(4) of the Act has not been made against him; and
That he has not been employed as a public officer.
[Section 78(4) of the Act specifically prohibits the employment or remuneration of the following classes of persons:
A person who has been party to any act or default of a solicitor in respect of which a complaint has been made or might properly have been made; or
A person who has so conducted himself while employed by a solicitor that, had he himself been a solicitor, his conduct might have formed the subject of a complaint under the Act against him].
Section 78(7) of the Act applies to the employment, engagement and remuneration of all staff in law practices, whether they are clerical staff, secretaries, accountants or para-legals. This requirement is also applicable to foreign lawyers employed by law practices in Singapore. With regard to foreign legal practitioners, they are required to affirm/declare that they have not been struck off or suspended from practising as an advocate and solicitors in any jurisdiction.
