American Post-Graduate Degrees Soon To Be Recognised For Admission
Post-graduate degrees from four American universities - Columbia University, Harvard University, New York University and the University of Michigan - will soon be recognised for Singapore admission to the bar.
The Ministry of Law has also set up a committee to look into the supply of lawyers in Singapore, and a report is expected by the middle of the year. Following a review committee's report, the government will also allow talented foreign lawyers to take a stake here.
This is in the Minister of Law's response to Ms Indranee Rajah's question in Parliament. The Question & the Response are as follows:
Parliamentary Question by MP Ms Indranee Rajah
To ask the Deputy Prime Minister and Minister for Law in view of the restructuring and consolidation of the legal services sector in recent years, as well as the changing market for legal services, whether his Ministry is considering the measures needed to ensure that the required legal services are available to support the strategic services of our economy.
Answer by Deputy Prime Minister and Minister for Law Professor S. Jayakumar
1. As I have said in this House before, our legal system, legal services and legal expertise are important to our economy. We have seen the demand for more specialized legal services growing in recent years as our economy and the regional economy develop. To meet this new market demand, our legal services sector needs lawyers with the requisite knowledge and skills. But because Singapore is a small jurisdiction we need to be able to tap the expertise of lawyers from around the world.
Collaboration with Foreign Firms
2. In 1999 we launched schemes to allow local law firms to enter into Joint Law Ventures or Formal Law Alliances with foreign law firms; JLVs and FLAs in short. We wanted to provide a convenient and efficient mode for delivery of legal services in cross-border financial transactions. At that time, we agreed to review the Schemes in 2005.
3. A Review Committee, headed by the Attorney-General, recently completed a review of the Schemes.
4. The Committee found that the range of legal services in foreign laws and Singapore law available in Singapore is satisfactory and meets the current legal needs of the strategic service sectors of the economy. In addition, the Review Committee found the Schemes to be structurally sound and appropriate to their objectives. They have achieved the objective of providing an adequate "one-stop shop" service in foreign laws and Singapore law in cross-border financial transactions in the region.
New Strategic Areas
5. With this legal framework for collaboration between local and foreign firms firmly established, the Review Committee has proposed that we now expand the scope of practice of JLVs and FLAs. Looking ahead, this will enable JLVs and FLAs to provide the necessary legal support for the emerging strategic service sectors of the economy. The new areas proposed are arbitration, intellectual property law and maritime law. Arbitration, Sir, is a very fast growing area of law practice and Singapore is an ideal venue for international arbitrations. Singapore is also an IT and maritime hub in the region. We will develop and support these areas by including them in the JLV and FLA schemes. Furthermore, the Review Committee has also proposed JLVs or FLAs for any or a combination of these practices will be considered on a case by case basis.
Profit sharing with foreign lawyers in local firms
6. To help Singapore law firms grow their practices abroad, the Review Committee also considered how they can acquire in-house foreign law expertise. Some foreign lawyers with the skills and experience that we need may not find a consultancy relationship with a local firm to be satisfactory, even if the compensation package is high. To ensure that we can continue attracting experienced and talented foreign lawyers to work in Singapore law firms, the Review Committee has recommended that foreign lawyers be permitted to own equity shares in local law firms, subject to an aggregate limit of 25% of the total equity shares or profits of the local law firm. Sir, this will help our local firms to expand their capabilities and reach out to the region. This proposal, I believe, will also help Singapore law firms in the region, especially in China to grow by giving a stake to local lawyers.
Recommendations accepted by the Government
7. The Government has accepted these recommendations of the Committee and we are working to implement them as soon as possible. The Government has also agreed that the Attorney-General be given the discretion to grant a JLV or FLA licence for any other area of the law practice either as a complementary or principal practice of a JLV or FLA if it enhances the quality of legal services in Singapore or support the development of Singapore. This way it would give flexibility to include other areas of law practice for which there may be future demand for legal services.
Supply of Lawyers
8. Apart from this recent review of the JLV/FLA schemes, let me say that we are also addressing the question whether we will have enough lawyers for our future needs. My Ministry has set up a Committee (also headed by the Attorney-General) to look into the supply of lawyers. We will work closely with the Ministry of Manpower and the Ministry of Trade and Industry and the report of this Committee should be completed by the middle of this year.
Diversity
9. Let me end, Sir, by saying that our existing framework for admission to the Singapore bar here is primarily based on a Singapore law degree. For the purposes of admission however, we have recognised certain specific LLB degrees obtained by our citizens and permanent residents from some Universities in England, Australia and New Zealand. In order to encourage the creation of a more diverse generation of lawyers here in Singapore, we will soon give our students more choice by adding to the list, Juris Doctor degrees from four United States universities, namely, Columbia University, Harvard University, New York University and the University of Michigan. This is pursuant to the US-Singapore Free Trade Agreement.
10. My Ministry will continue to work closely with the various legal institutions and organisations to develop the legal services sector in Singapore.
------------------------------
Annex
REVIEW OF THE JOINT LAW VENTURE AND FORMAL LAW ALLIANCES SCHEMES
Background
1. The Legal Profession Act was amended in 2000 to provide a legal framework for Joint Law Ventures (JLV) and Formal Law Alliances (FLA). The relevant statutory rules and guidelines can be found at http://www.agc.gov.sg/lps/ .
The Review Committee
2. In July 2005, the Minister for Law appointed a Committee to review the Joint Law Venture and Formal Law Alliance Schemes, and to consider modifications to ensure the required legal support for the strategic service sectors of the economy.
3. The Committee was chaired by Mr Chan Sek Keong, Attorney-General, and comprised the following members:- (1) Justice V K Rajah; (2) Mr Philip Jeyaratnam, Senior Counsel, President of the Law Society; (3) Mr Michael Hwang, Senior Counsel, M/s Michael Hwang; (4) Mr John Koh, Senior Adviser, Goldman Sachs, Singapore; (5) Mr Chua Lee Meng, General Counsel, Government of Singapore Investment Corporation Pte Ltd; (6) Mr Kenneth Tan, Director, Cluster Development, Economics Development Board; and (7) Mr Soh Tze Bian (Secretary), Senior State Counsel, Attorney-General's Chambers.
Report of Review Committee: Summary of Findings
4. The Committee's main findings are as follows:
(a) The range of legal services in foreign laws and Singapore law available in Singapore is satisfactory and meets all the legal needs of the strategic service sectors of the economy;
(b) The Schemes have achieved the objective of providing an adequate "one-stop shop" service in foreign laws and Singapore law in cross-border financial transactions in the region;
(c) The Schemes are structurally sound and appropriate to their objectives, and no change in the conditions applicable to their operation is called for;
(d) The constituent foreign law firms ("FLFs") in the Joint Law Venture Schemes have not found it essential to supply services in Singapore law, and in any case, such services can be supplied more efficiently and at lower cost by the constituent Singapore law firms ("SLFs") in the JLVs;
(e) The new strategic practice areas are in (i) arbitration, (ii) intellectual property ("IP") law; and (iii) maritime law; and
(f) With respect to IP law services, there is a need to encourage more professionals, especially FLFs and attorneys specialising in patent law practice, to set up practices in Singapore.
Report of Review Committee: Summary of Recommendations
5. The Committee's main recommendations are as follows:
(a) FLFs and SLFs may form JLVs and FLAs for arbitration practice;
(b) IP law may be included as a complementary practice to a JLV's or FLA's principal area of practice, that is, in international financial transactions;
(c) Maritime law services may be included as a complementary practice to a JLV's or FLA's principal area of practice, that is, in international financial transactions;
(d) The Attorney-General should have the power to grant, on a case-by-case basis, a JLV or FLA licence for IP law practice, maritime law practice or any other area of law practice either as a complementary or principal practice of a JLV or FLA if, after consulting such relevant authorities as he thinks fit, he is of the opinion that such a JLV or FLA would be advantageous or contribute to, promote or enhance the quality of legal services in Singapore, or the economic or technological development of Singapore;
(e) Foreign lawyers should be permitted to own equity shares in the SLFs subject to an aggregate limit of 25% of the total equity shares or profits of a SLF and on such conditions as may be imposed; and
(f) The Committee also recommended that there should be periodic reviews of the state of legal services in Singapore at the discretion of the Minister for Law, in consultation with the Attorney-General, at intervals of not less than five years. This is to ensure that the legal services sector remains relevant and adequate to meet the needs of the strategic sectors of the economy.
Government has accepted the Report
7. The Government has accepted the Report, and will be implementing the above recommendations proposed by the Review Committee.
The Ministry of Law has also set up a committee to look into the supply of lawyers in Singapore, and a report is expected by the middle of the year. Following a review committee's report, the government will also allow talented foreign lawyers to take a stake here.
This is in the Minister of Law's response to Ms Indranee Rajah's question in Parliament. The Question & the Response are as follows:
Parliamentary Question by MP Ms Indranee Rajah
To ask the Deputy Prime Minister and Minister for Law in view of the restructuring and consolidation of the legal services sector in recent years, as well as the changing market for legal services, whether his Ministry is considering the measures needed to ensure that the required legal services are available to support the strategic services of our economy.
Answer by Deputy Prime Minister and Minister for Law Professor S. Jayakumar
1. As I have said in this House before, our legal system, legal services and legal expertise are important to our economy. We have seen the demand for more specialized legal services growing in recent years as our economy and the regional economy develop. To meet this new market demand, our legal services sector needs lawyers with the requisite knowledge and skills. But because Singapore is a small jurisdiction we need to be able to tap the expertise of lawyers from around the world.
Collaboration with Foreign Firms
2. In 1999 we launched schemes to allow local law firms to enter into Joint Law Ventures or Formal Law Alliances with foreign law firms; JLVs and FLAs in short. We wanted to provide a convenient and efficient mode for delivery of legal services in cross-border financial transactions. At that time, we agreed to review the Schemes in 2005.
3. A Review Committee, headed by the Attorney-General, recently completed a review of the Schemes.
4. The Committee found that the range of legal services in foreign laws and Singapore law available in Singapore is satisfactory and meets the current legal needs of the strategic service sectors of the economy. In addition, the Review Committee found the Schemes to be structurally sound and appropriate to their objectives. They have achieved the objective of providing an adequate "one-stop shop" service in foreign laws and Singapore law in cross-border financial transactions in the region.
New Strategic Areas
5. With this legal framework for collaboration between local and foreign firms firmly established, the Review Committee has proposed that we now expand the scope of practice of JLVs and FLAs. Looking ahead, this will enable JLVs and FLAs to provide the necessary legal support for the emerging strategic service sectors of the economy. The new areas proposed are arbitration, intellectual property law and maritime law. Arbitration, Sir, is a very fast growing area of law practice and Singapore is an ideal venue for international arbitrations. Singapore is also an IT and maritime hub in the region. We will develop and support these areas by including them in the JLV and FLA schemes. Furthermore, the Review Committee has also proposed JLVs or FLAs for any or a combination of these practices will be considered on a case by case basis.
Profit sharing with foreign lawyers in local firms
6. To help Singapore law firms grow their practices abroad, the Review Committee also considered how they can acquire in-house foreign law expertise. Some foreign lawyers with the skills and experience that we need may not find a consultancy relationship with a local firm to be satisfactory, even if the compensation package is high. To ensure that we can continue attracting experienced and talented foreign lawyers to work in Singapore law firms, the Review Committee has recommended that foreign lawyers be permitted to own equity shares in local law firms, subject to an aggregate limit of 25% of the total equity shares or profits of the local law firm. Sir, this will help our local firms to expand their capabilities and reach out to the region. This proposal, I believe, will also help Singapore law firms in the region, especially in China to grow by giving a stake to local lawyers.
Recommendations accepted by the Government
7. The Government has accepted these recommendations of the Committee and we are working to implement them as soon as possible. The Government has also agreed that the Attorney-General be given the discretion to grant a JLV or FLA licence for any other area of the law practice either as a complementary or principal practice of a JLV or FLA if it enhances the quality of legal services in Singapore or support the development of Singapore. This way it would give flexibility to include other areas of law practice for which there may be future demand for legal services.
Supply of Lawyers
8. Apart from this recent review of the JLV/FLA schemes, let me say that we are also addressing the question whether we will have enough lawyers for our future needs. My Ministry has set up a Committee (also headed by the Attorney-General) to look into the supply of lawyers. We will work closely with the Ministry of Manpower and the Ministry of Trade and Industry and the report of this Committee should be completed by the middle of this year.
Diversity
9. Let me end, Sir, by saying that our existing framework for admission to the Singapore bar here is primarily based on a Singapore law degree. For the purposes of admission however, we have recognised certain specific LLB degrees obtained by our citizens and permanent residents from some Universities in England, Australia and New Zealand. In order to encourage the creation of a more diverse generation of lawyers here in Singapore, we will soon give our students more choice by adding to the list, Juris Doctor degrees from four United States universities, namely, Columbia University, Harvard University, New York University and the University of Michigan. This is pursuant to the US-Singapore Free Trade Agreement.
10. My Ministry will continue to work closely with the various legal institutions and organisations to develop the legal services sector in Singapore.
------------------------------
Annex
REVIEW OF THE JOINT LAW VENTURE AND FORMAL LAW ALLIANCES SCHEMES
Background
1. The Legal Profession Act was amended in 2000 to provide a legal framework for Joint Law Ventures (JLV) and Formal Law Alliances (FLA). The relevant statutory rules and guidelines can be found at http://www.agc.gov.sg/lps/ .
The Review Committee
2. In July 2005, the Minister for Law appointed a Committee to review the Joint Law Venture and Formal Law Alliance Schemes, and to consider modifications to ensure the required legal support for the strategic service sectors of the economy.
3. The Committee was chaired by Mr Chan Sek Keong, Attorney-General, and comprised the following members:- (1) Justice V K Rajah; (2) Mr Philip Jeyaratnam, Senior Counsel, President of the Law Society; (3) Mr Michael Hwang, Senior Counsel, M/s Michael Hwang; (4) Mr John Koh, Senior Adviser, Goldman Sachs, Singapore; (5) Mr Chua Lee Meng, General Counsel, Government of Singapore Investment Corporation Pte Ltd; (6) Mr Kenneth Tan, Director, Cluster Development, Economics Development Board; and (7) Mr Soh Tze Bian (Secretary), Senior State Counsel, Attorney-General's Chambers.
Report of Review Committee: Summary of Findings
4. The Committee's main findings are as follows:
(a) The range of legal services in foreign laws and Singapore law available in Singapore is satisfactory and meets all the legal needs of the strategic service sectors of the economy;
(b) The Schemes have achieved the objective of providing an adequate "one-stop shop" service in foreign laws and Singapore law in cross-border financial transactions in the region;
(c) The Schemes are structurally sound and appropriate to their objectives, and no change in the conditions applicable to their operation is called for;
(d) The constituent foreign law firms ("FLFs") in the Joint Law Venture Schemes have not found it essential to supply services in Singapore law, and in any case, such services can be supplied more efficiently and at lower cost by the constituent Singapore law firms ("SLFs") in the JLVs;
(e) The new strategic practice areas are in (i) arbitration, (ii) intellectual property ("IP") law; and (iii) maritime law; and
(f) With respect to IP law services, there is a need to encourage more professionals, especially FLFs and attorneys specialising in patent law practice, to set up practices in Singapore.
Report of Review Committee: Summary of Recommendations
5. The Committee's main recommendations are as follows:
(a) FLFs and SLFs may form JLVs and FLAs for arbitration practice;
(b) IP law may be included as a complementary practice to a JLV's or FLA's principal area of practice, that is, in international financial transactions;
(c) Maritime law services may be included as a complementary practice to a JLV's or FLA's principal area of practice, that is, in international financial transactions;
(d) The Attorney-General should have the power to grant, on a case-by-case basis, a JLV or FLA licence for IP law practice, maritime law practice or any other area of law practice either as a complementary or principal practice of a JLV or FLA if, after consulting such relevant authorities as he thinks fit, he is of the opinion that such a JLV or FLA would be advantageous or contribute to, promote or enhance the quality of legal services in Singapore, or the economic or technological development of Singapore;
(e) Foreign lawyers should be permitted to own equity shares in the SLFs subject to an aggregate limit of 25% of the total equity shares or profits of a SLF and on such conditions as may be imposed; and
(f) The Committee also recommended that there should be periodic reviews of the state of legal services in Singapore at the discretion of the Minister for Law, in consultation with the Attorney-General, at intervals of not less than five years. This is to ensure that the legal services sector remains relevant and adequate to meet the needs of the strategic sectors of the economy.
Government has accepted the Report
7. The Government has accepted the Report, and will be implementing the above recommendations proposed by the Review Committee.
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