Public consultation on proposed amendments to the Legal Profession Act
In December last year, Government announced in-principle acceptance of the recommendations of Justice VK Rajah's Committee to Develop the Singapore Legal Sector. The Committee's proposals included inter alia, recommendations relating to liberalisation of the legal services sector and disciplinary proceedings for lawyers in Singapore. The draft Legal Profession (Amendment) Bill, containing the proposed amendments to the Legal Profession Act, below seeks to give effect to these recommendations.
Key Amendments
(a) Liberalisation of the Legal Services Sector
2. In relation to liberalisation of the legal services sector, the Committee's recommendations were:
(a) To widen the scope of work Foreign Law Practices (FLPs) may carry out in international commercial arbitration involving Singapore law to include work prior to a notice of arbitration being issued;
(b) To enhance the Joint Law Venture (JLV) scheme, to allow greater collaboration between FLPs and Singapore Law Practices (SLPs); and
(c) To introduce a new scheme (Qualifying Foreign Law Practice (QFLP) scheme) where up to 5 FLPs will be allowed to practise Singapore law in commercial areas through Singapore-qualified lawyers employed by them. The QFLPs will be selected through a Request for Proposal (RFP) process.
3. The proposed amendments to the Legal Profession Act pave the way for the enactment of Rules to give effect to these proposals. The Bill contains the following salient amendments:
(a) To enable the Government to respond more quickly to changing business needs, the operational details prescribed for foreign law practices and foreign lawyers will be placed within the Legal Profession (International Services) Rules (the "Rules") rather than the current Part IXA of the Legal Profession Act.
(b) To align the current registration regime with the new licensing regime for the QLFP, appropriate amendments together with transitional deeming provisions have been introduced to convert the registration regime applicable to JLVs, Formal Law Alliances (FLAs), FLPs and Representative Offices (ROs) to a licensing regime. Existing JLVs, FLAs, FLPs and ROs registered with the Attorney-General will be issued the respective licenses under the new regime on similar terms as the present registration system.
(c) The registration regime governing lawyers, except those who will be practising Singapore law, working in JLVs, FLAs, FLPs and ROs will remain unchanged.
(d) Singapore solicitors who wish to practise Singapore law in the context of a FLP, enhanced JLV and QFLP will be allowed to do so subject to obtaining Practising Certificates (mutatis mutandis) and registration with the Attorney-General. The extent to which such solicitors may practise Singapore law will be governed by their registration with the Attorney-General. For disciplinary issues, the Attorney-General will have primary jurisdiction with the discretion to refer cases as appropriate to the Law Society to be dealt with under the usual disciplinary processes applicable to solicitors in SLPs.
4. Details not set out in the main Act will be set out in the Legal Profession (International Services) Rules. The draft Legal Profession (International Services) Rules will be put out for public consultation at a later date.
(b) Disciplinary Proceedings
5. Detailed recommendations were also made by the Committee relating to enhancement of the disciplinary process applicable to the legal profession in Singapore. The proposed amendments give effect to these recommendations, which include:
(a) The replacement of the current Disciplinary Committee with a one-member Disciplinary Tribunal.
(b) Measures to deter baseless or frivolous complaints against lawyers and the introduction of a 'limitation period' to prevent long overdue complaints against errant lawyers.
(c) Measures to streamline and improve various aspects of the Inquiry Panel and Inquiry Committee process.
(d) Other changes to ensure the timely and fair disposal of complaints as well as enhance the powers of the Law Society and Courts in dealing with disciplinary proceedings against errant lawyers or lawyers unable to practise by reason of physical or mental condition.
6. The public have till 20 June 2008 to comment on the above Legal Profession (Amendment) Bill. All feedback should be submitted in writing via e-mail by 20 June 2008 to MLAW_Consultation@mlaw.gov.sg or by mail addressed to:
The Secretariat
Industry Development Division, Ministry of Law
The Treasury, 100 High Street #08-02
Singapore 179434
Key Amendments
(a) Liberalisation of the Legal Services Sector
2. In relation to liberalisation of the legal services sector, the Committee's recommendations were:
(a) To widen the scope of work Foreign Law Practices (FLPs) may carry out in international commercial arbitration involving Singapore law to include work prior to a notice of arbitration being issued;
(b) To enhance the Joint Law Venture (JLV) scheme, to allow greater collaboration between FLPs and Singapore Law Practices (SLPs); and
(c) To introduce a new scheme (Qualifying Foreign Law Practice (QFLP) scheme) where up to 5 FLPs will be allowed to practise Singapore law in commercial areas through Singapore-qualified lawyers employed by them. The QFLPs will be selected through a Request for Proposal (RFP) process.
3. The proposed amendments to the Legal Profession Act pave the way for the enactment of Rules to give effect to these proposals. The Bill contains the following salient amendments:
(a) To enable the Government to respond more quickly to changing business needs, the operational details prescribed for foreign law practices and foreign lawyers will be placed within the Legal Profession (International Services) Rules (the "Rules") rather than the current Part IXA of the Legal Profession Act.
(b) To align the current registration regime with the new licensing regime for the QLFP, appropriate amendments together with transitional deeming provisions have been introduced to convert the registration regime applicable to JLVs, Formal Law Alliances (FLAs), FLPs and Representative Offices (ROs) to a licensing regime. Existing JLVs, FLAs, FLPs and ROs registered with the Attorney-General will be issued the respective licenses under the new regime on similar terms as the present registration system.
(c) The registration regime governing lawyers, except those who will be practising Singapore law, working in JLVs, FLAs, FLPs and ROs will remain unchanged.
(d) Singapore solicitors who wish to practise Singapore law in the context of a FLP, enhanced JLV and QFLP will be allowed to do so subject to obtaining Practising Certificates (mutatis mutandis) and registration with the Attorney-General. The extent to which such solicitors may practise Singapore law will be governed by their registration with the Attorney-General. For disciplinary issues, the Attorney-General will have primary jurisdiction with the discretion to refer cases as appropriate to the Law Society to be dealt with under the usual disciplinary processes applicable to solicitors in SLPs.
4. Details not set out in the main Act will be set out in the Legal Profession (International Services) Rules. The draft Legal Profession (International Services) Rules will be put out for public consultation at a later date.
(b) Disciplinary Proceedings
5. Detailed recommendations were also made by the Committee relating to enhancement of the disciplinary process applicable to the legal profession in Singapore. The proposed amendments give effect to these recommendations, which include:
(a) The replacement of the current Disciplinary Committee with a one-member Disciplinary Tribunal.
(b) Measures to deter baseless or frivolous complaints against lawyers and the introduction of a 'limitation period' to prevent long overdue complaints against errant lawyers.
(c) Measures to streamline and improve various aspects of the Inquiry Panel and Inquiry Committee process.
(d) Other changes to ensure the timely and fair disposal of complaints as well as enhance the powers of the Law Society and Courts in dealing with disciplinary proceedings against errant lawyers or lawyers unable to practise by reason of physical or mental condition.
6. The public have till 20 June 2008 to comment on the above Legal Profession (Amendment) Bill. All feedback should be submitted in writing via e-mail by 20 June 2008 to MLAW_Consultation@mlaw.gov.sg or by mail addressed to:
The Secretariat
Industry Development Division, Ministry of Law
The Treasury, 100 High Street #08-02
Singapore 179434
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