Topic 11: The Legal Profession Flashcards
What is the meaning of a fused profession?
Lawyers have no formal restrictions on the type of work they can do once they are admitted into practice. They can both appear in court and handle casework.
Who are the ‘5’ bosses in Singapore??
Judge The law The lawyer on the other side Partners in the office Your client
Is the practice of law capital-intensive or knowledge and skill-intensive?
Knowledge and skill-intensive
What does it mean to bill by the hour?
Track the time spent by associates, partners working on the case for the client. Main partner bills client for those hours at a fixed rate.
What does it mean to charge a flat fee?
Fixed fee for an entire case/piece of work
What are the general requirements of a junior partner?
Legal skills
Ability to manage people
Ability to attract and retain clients
How has globalisation affected legal practice in Singapore?
Singapore as a hub for legal services in Asia. Thus, Singapore can undertake work in more countries from Singapore without travelling a lot.
Singapore is becoming a centre for arbitrating, mediating and litigating international disputes.
(SIAC, SIMC and SICC)
Singapore is growing as a financial centre, particularly in private wealth management.
What is the QFLP?
Qualifying Foreign Law Practice
Can practice foreign law-related legal services
Can practice Singapore law-related legal services in all areas except conveyancing, family law, administrative law and criminal law.
Example:
Allen & Overy
White & Case
What is a FLA?
An arrangement that allows a Singapore law firm and an international law firm to collaborate while remaining independent.
Co-branding, single billing, sharing of office, clients and resources
Each member law practice can only provide legal services within their jurisdiction.
Example:
Holman Fenwick Willan and AsiaLegal have a FLA. They have no ‘joint entity’ with a dedicated website, LinkedIn page etc.
CC and Cavenagh Law have a FLA. There is no ‘joint entity’ with a dedicated website, LinkedIn page etc.
What are the areas of law that QFLPs cannot practice in?
Domestic law such as conveyancing, family law, administrative law and criminal law.
What does QFLP mean?
Qualifying Foreign Law Practice
What does FLA mean?
Foreign Law Alliance
What does JLV mean?
Joint Law Venture
What is a JLV?
Same as FLA, except that a new legal entity is created.
Example:
Duane Morris & Selvam LLP is one joint entity with their own website, LinkedIn page etc.
Baker McKenzie Wong & Leow is one joint entity with their own website, LinkedIn page etc.
What is a FLP?
Foreign Law Practice.
Can practice foreign law-related legal services
Can only practice Singapore law-related legal services in international commercial arbitration or in relation to the SICC.
Example:
Milbank in Singapore
Why did Singapore move to allow 3rd party funding of international commercial arbitration?
To allow Singapore to receive more arbitration cases
What are the economic moves Singapore has made to strengthen its position as a legal hub?
Promoting International Commercial Mediation
Allowing 3rd party funding for international commercial arbitration
Establishing Singapore International Commercial Court (SICC)
Introducing QFLP, FLA and JLV schemes to attract foreign firms to work with Singapore firms
What are the policy considerations in allowing international firms to practice in Singapore?
Economic growth for Singapore
Jobs and opportunities for Singapore lawyers
Need to protect Singapore firms from being out-competed by bigger international firms
Protect domestic law (family, criminal law) from foreign interference
When was QFLP, JLV, FLA introduced?
2008: QFLP
2012: JLV and FLA
Can all lawyers in a QFLP practice Singapore law?
Nope. Only their Singapore qualified lawyers or foreign lawyers with foreign practitioner certificates
Are QFLPs allowed to form FLAs or JLVs with a Singapore law firm?
Yes they can (since 2012).
The number of legal practitioners in the last five years have grown. True or false?
True
Where can lawyers direct their actual ethic queries to?
Advisory Committee of the Professional Conduct Council
Can foreign-qualified lawyers receive ethical advice from the Law Society?
Yes. Both local and foreign-qualified lawyers can do so.