Topic 12, 13, 14: Discipline of Lawyers

Question 1

Foreign lawyers can be disciplined by the AGC. True or false?

Answer 1

False. Since 2014, both foreign and Singapore lawyers are regulated under the LSS and SC.

Foreign lawyers = Those who are qualified to apply law in a foreign jurisdiction.

Question 2

All Singapore and foreign lawyers are subject to the same rules under PCR 2015.

Answer 2

False. There are a few rules that don’t apply to foreign lawyers under PCR.

Foreign lawyers = Those who are qualified to apply law in a foreign jurisdiction.

Question 3

What is the disciplinary process for lawyers in Singapore?

Answer 3

Review Committee

Inquiry Committee

Disciplinary Tribunal

Court of Three Judges

(Standard of proof is beyond reasonable doubt)

Question 4

Both foreign lawyers and Singapore lawyers are subject to the same disciplinary process. True or false?

Answer 4

True but with on caveat.

For FLs, there will be one FL member in each of the committees at every stage of the disciplinary process (except Court of Three Judges).

Question 5

What is the definition of ‘foreign lawyer’?

Answer 5

an individual who is registered to practise law in a state or territory other than Singapore

Question 6

What is the requirements for entering the Singapore Bar?

Answer 6

Qualified Person under the LPA
At least 21 years old
Good character
Served practice training period
Attended Preparatory Course leading to Part B
Passed prescribed examinations (Part B)

Question 7

Who is a qualified person under the LPA?

Answer 7

Passed final examinations for the law degree
Attained satisfactory result (Lower 2nd class/Merit/top 70%)
Singapore resident or PR (if studying at foreign uni)
University specified in Schedule (for foreign uni)
Passed Part A (for foreign uni)

Question 8

What is the Part B?

Answer 8

A compulsory 5 month practical law course for both local and overseas graduates run by SILE. The course is not theoretical, and is meant to ensure that one can function as a lawyer.

Question 9

What are the 4 obligations of lawyers?

Answer 9

A lawyer has a paramount duty to the court, which takes precedence over the legal practitioner’s duty to the legal practitioner’s client.

A lawyer has a duty to the legal practitioner’s client to act in its best interests (subject only to the lawyer’s duty to the court)

A lawyer must facilitate the access of members of the public to justice.

A lawyer must keep up to date with all pertinent developments in the law in the legal practitioner’s area of practice.

Question 10

In legal disciplinary hearings, the standard of proof required is beyond reasonable doubt. True or false?

Answer 10

True

Question 11

Lawyers are now required to report the number of pro bono hours they have served every year. True or false?

Answer 11

True.

Question 12

What can lawyers do when they face ethical dilemmas?

Answer 12

1. Write to Law Society Ethics Committee

2. Follow codes of conduct in Legal Profession Act (LPA) and Legal Profession (Professional Conduct) Rules (PCR)

Question 13

Scott, give me 5 key facts about the Law Society of Singapore (LSS).

Answer 13

It plays a key role in the regulation and disciplining of lawyers.

Gives voice to lawyers’ interest and concerns

Creature of statute (LPA)

Able to conduct investigations into and hold disciplinary hearings on alleged lawyer misconduct

Gives feedback on specific pieces of legislation. Relationship between bar, bench and government is extremely close and constructive.

Question 14

What is the difference between the SAL and LSS?

Answer 14

The SAL represents a larger cross-section of the profession (includes members of the judiciary, AGC).

LSS is focused on a smaller proportion of the profession (advocate and solicitor, practicing members of legal profession)

The LSS has regulatory functions. The SAL does not.

Question 15

Who are members of the LSS?

Answer 15

Automatically in:

1. All advocates and solicitors with a practicing certificate
2. Foreign lawyers registered under 36B and 36D
3. Foreign lawyers who are directors of a law firm in Singapore

Must fulfil some requirements and/or submits an application:

2. Foreign lawyers registered under 36C
3. Any advocate and solicitor who does not have in force a practicing certificate
4. Any QP who is a resident in Singapore
5. Faculty at NUS, SMU and SUSS

Excludes: Lawyers who have been struck off roll, suspended, or QP who has been prohibited from admission into the Bar

Question 16

How is the LSS funded?

Answer 16

Funded solely by member contributions

Question 17

Who are Senior Counsel?

Answer 17

Outstanding members of the profession known for their advocacy and ethical standards - role models for others in the profession

Question 18

What are CPD requirements?

Answer 18

Take CPD activities and obtain points
Keep a record and evidence of CPD activities
Verify compliance with CPD requirements if required

Question 19

How many CPD points do you need to obtain for Group 1 lawyers?

Answer 19

8 CPD points - 5- 8 months of holding PC

16 CPD points - More than 6 months

Question 20

What are the concerns with taking on a more theoretical approach to legal studies?

Answer 20

That one may take a dogmatic approach towards doctrine in an attempt to fit existing or new cases into a rigid theoretical framework without sensitivity for pragmatic requirements.

The pressures of modern legal practice do not really allow for much room for theoretical analysis

Question 21

In recent years, Singapore courts have taken a more direct approach toward matters involving policy and value judgements. True or false?

Answer 21

True

Question 22

What does utilitarianism say?

Answer 22

The morally right action is the one that produces the greatest balance of happiness over unhappiness for the greatest number of people

Question 23

What is the utilitarian approach to pro bono?

Answer 23

Focus on the pros and cons of pro bono.

Pros would include increasing the legitimacy of the justice system and public regard for lawyers.

Cons could include the fact that unmotivated lawyers will unlikely provide cost-effective representation.

Question 24

What is the rights-based approach towards pro bono?

Answer 24

Focus on the competing rights and obligations of both parties.

Everyone has a right to legal assistance. This right is justified on practical grounds, such as to ensure government legitimacy.

At the same time, they might find that professionals are not obliged to provide free goods and services - so why should lawyers have such a duty?

Question 25

Does Singapore adopt a rights-based or utilitarian approach?

Answer 25

A rights-based approach

Question 26

What are the 8 principles enshrined in the Professional Conduct Rules?

Answer 26

A lawyer has a paramount duty to the court, which takes precedence over the legal practitioner’s duty to the legal practitioner’s client.

A lawyer has a duty to the client and this duty must be fulfilled with good standing and integrity

A lawyer has a duty to discharge his responsibilities with integrity to any tribunal that he appears in

A lawyer must obey the laws of Singapore

A lawyer must facilitate access to justice

A lawyer must be fair and courteous towards every person in his professional conduct

A lawyer must ensure his conduct is aligned with the rules in each jurisdiction that he practices in

A lawyer must keep up to date with the changes and developments in law