Counselling, training among remedial measures proposed for errant lawyers
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SINGAPORE — Instead of being handed a warning, a lawyer found to have broken a minor rule may undergo counselling or training in future.
More "nuanced" and "proportionate" disciplinary measures for errant lawyers are among proposed changes to the Legal Profession Act tabled in Parliament on Friday (March 2).
Under the current disciplinary framework, the Council of the Law Society may issue a warning or reprimand, impose a fine or call upon the Court of Three Judges to suspend or disbar a lawyer.
As these measures do not address "the root issue underlying any misconduct", the bill aims to introduce remedial measures for "a more rehabilitative, tailored and effective means of discipline", said the Ministry of Law (MinLaw).
The remedial measures may be implemented in conjunction with, or in place of the existing measures.
Another major proposal deals with an administrative gap in lawyers' handling of their client's unclaimed money — typically the unused portion of fees paid in advance.
Now, the money can only be held and administered by a practising lawyer until it is returned to the client. But if a client becomes uncontactable, the lawyer will be unable to retire from practice unless he pass the account to another practising lawyer.
If he can't find someone to pass it to, he "must continue to incur the expenses associated with maintaining his law practice", said MinLaw.
Under the proposed amendments, lawyers and law practices will have the option of placing the unclaimed money in a new Law Society-administered fund.
The new Unclaimed Money Fund will be used to fund pro bono services provided by the Law Society or its subsidiaries.
Clients may apply to the society to claim the money within six years of its transfer into the fund.
For applications made after six years, the Law Society will have the power to provide discretionary or ex gratia payment.
MinLaw did not provide an estimate of the size of the fund, but the Law Society has over the years accumulated S$379,131 in unclaimed intervention money — from the client accounts it took over from lawyers who died, became bankrupt or mentally or physically incapacitated, among other circumstances.
Under the proposed amendments, the society's unclaimed intervention money will automatically go into the Unclaimed Money Fund after six years.
The bill also seeks to enhance the attractiveness of the Singapore International Commercial Court (SICC) set up in 2015 to deal with cross-border legal disputes. It proposed for non-practising foreign law experts, such as an academic or Judge, to be able to register to appear in the SICC or make submissions on matters of foreign law.
