1. What is a locum solicitor?

 

A locum solicitor is a lawyer engaged on a temporary or freelance basis by one or more law practices. (Section 2 Legal Profession Act) (the Act).

 

2. Can a lawyer practise both as a locum solicitor and as full time advocate and solicitor?

 

A solicitor cannot practise both as a locum solicitor and as a proprietor, partner of a law firm or director of a law corporation or partner of a limited liability law partnership or as a full time employee in any such law practice. If you wish to practise as a locum solicitor you must cease practice as a full time advocate and solicitor and apply for a locum solicitor Practising Certificate (PC).

 

3. How to begin practice as a locum solicitor?

 

You cannot begin practice as a locum solicitor unless you obtain a PC to practise as a locum solicitor issued by the Registrar, Supreme Court and the law practice that engages you as a locum solicitor obtains professional indemnity insurance cover for the period that you are to be engaged as a locum solicitor by that law practice.

 

4. Are there any special requirements to satisfy to apply for a PC as a locum solicitor?

 

The same qualifications to practise as an advocate and solicitor apply to a locum solicitor subject to the following additional requirements:-

 

• Only Singapore Citizens or Permanent Residents can apply for a locum solicitor PC (Section 26, 1A of the Act).
• For 3 out of 5 years immediately preceding your application if you have not practised as a proprietor or as partner of a law firm or director of a law corporation or partner of a limited liability law partnership or as an employee of a law practice or employed as a legal officer (that is, appointed in such capacity in the Singapore Legal Service), then you must complete 10 hours of training approved by the Council of the Law Society of which 6 hours are related to areas of practice published on the website of the Law Society. For general information about training, visit our new CPD Portal!

 

Therefore, as a locum solicitor, you must comply with the terms of the Act that relate to practising solicitors and relevant rules of Ethics and Practice passed under the Act by the Law Society. For example, the Legal Profession (Professional Conduct) Rules and the Legal Profession (Publicity) Rules.

 

5. What restrictions apply when you practise as a locum solicitor?

 

When you practise as a locum solicitor the following restrictions apply:-

 

• You cannot be a proprietor, partner of a law firm or director of a law corporation or partner of a limited liability law partnership or full time employee of any law practice.

• You cannot hold client money, open or maintain or operate a client account, sign or give or receive any instruction in respect of client money as defined under the Legal Profession (Solicitors' Accounts) Rules, or hold money as a solicitor-trustee as defined under Legal Profession (Solicitors Trust Accounts) Rules.

• You must be supervised by the proprietor or a partner of the law firm or director of the law corporation or partner of the limited liability law partnership , which engages you. This "designated" supervising practitioner must exercise supervision over you.

• You must notify the Law Society (by writing to Director, Compliance) within 7 days of commencing/ceasing practice as a locum solicitor of the following:-

  
  

  • name of law practice that engaged you;

  • date of commencement of your engagement;

  • period of engagement; and

  • date of cessation

• You cannot sign any bill of costs of a law practice or any letter accompanying such a bill of costs, or act as a solicitor-trustee.

 

The Council of the Law Society has issued a 'Practice Direction on Conflicts of Interest for Locum Solicitors'.

 

6. How do I find a position in a law practice as a locum solicitor?

 

The Law Society has launched at its website a Register of law practices that are seeking to engage a Locum Solicitor for their practice.

 

7. Can a locum solicitor be a Commissioner for Oaths and/or Notary Public?

 

The Board of Commissioners for Oaths & Notaries has decided that locum solicitors are not eligible for appointment as Commissioners for Oaths and/or Notaries Public. Appointments of Commissioners for Oaths and/or Notaries Public shall cease when advocate and solicitors give up full time practice and apply for a locum solicitor PC.

 

8. How do I obtain further information regarding locum solicitor practice?

 

You can access relevant Practice Rules relating to locum solicitors made available at 'Practising Certificate' under 'General Information on Applying for a Locum Solicitor PC'.

 

If you have any other questions, contact the Law Society's Compliance Department to speak to either the Law Society's Officer or the Director, Compliance or e-mail compliance@lawsoc.org.sg