Topic 11: The Legal Profession Flashcards

1
Q

What is the meaning of a fused profession?

A

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.

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2
Q

Who are the ‘5’ bosses in Singapore??

A
Judge
The law
The lawyer on the other side
Partners in the office
Your client
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3
Q

Is the practice of law capital-intensive or knowledge and skill-intensive?

A

Knowledge and skill-intensive

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4
Q

What does it mean to bill by the hour?

A

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.

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5
Q

What does it mean to charge a flat fee?

A

Fixed fee for an entire case/piece of work

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6
Q

What are the general requirements of a junior partner?

A

Legal skills
Ability to manage people
Ability to attract and retain clients

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7
Q

How has globalisation affected legal practice in Singapore?

A

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.

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8
Q

What is the QFLP?

A

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

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9
Q

What is a FLA?

A

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.

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10
Q

What are the areas of law that QFLPs cannot practice in?

A

Domestic law such as conveyancing, family law, administrative law and criminal law.

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11
Q

What does QFLP mean?

A

Qualifying Foreign Law Practice

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12
Q

What does FLA mean?

A

Foreign Law Alliance

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13
Q

What does JLV mean?

A

Joint Law Venture

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14
Q

What is a JLV?

A

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.

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15
Q

What is a FLP?

A

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

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16
Q

Why did Singapore move to allow 3rd party funding of international commercial arbitration?

A

To allow Singapore to receive more arbitration cases

17
Q

What are the economic moves Singapore has made to strengthen its position as a legal hub?

A

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

18
Q

What are the policy considerations in allowing international firms to practice in Singapore?

A

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

19
Q

When was QFLP, JLV, FLA introduced?

A

2008: QFLP
2012: JLV and FLA

20
Q

Can all lawyers in a QFLP practice Singapore law?

A

Nope. Only their Singapore qualified lawyers or foreign lawyers with foreign practitioner certificates

21
Q

Are QFLPs allowed to form FLAs or JLVs with a Singapore law firm?

A

Yes they can (since 2012).

22
Q

The number of legal practitioners in the last five years have grown. True or false?

A

True

23
Q

Where can lawyers direct their actual ethic queries to?

A

Advisory Committee of the Professional Conduct Council

24
Q

Can foreign-qualified lawyers receive ethical advice from the Law Society?

A

Yes. Both local and foreign-qualified lawyers can do so.