Changes to Legal Profession Act, Legal Profession (International Services) Rules & Other Rules

19 SEP 2008

19 Sep 2008 Posted in Press releases

Commencement Dates

The Legal Profession (Amendment) Act 2008 (0.1MB) (the “LPA 2008”), which contains amendments related to the various measures to liberalize the legal services sector and streamlining of the disciplinary proceedings for lawyers, was passed by Parliament on 26 August 2008 and received Presidential Assent on 10 September 2008.

The changes under the LPA 2008 will be operationalized in 3 phases.

  1. Phase 1 (Commencement on 19 September 2008)

All provisions in the LPA 2008 will be brought into force on 19 September 2008, except the following:

  1. Section 15(b) of the LPA 2008, which makes an amendment that is consequential to the enactment of the Legal Profession (Amendment) Act 2007. This section is deemed to have come into operation together with that Act on 1 June 2007;

  2. Sections 2(c) and (f), 4, 5, 6, 7(a) and (b), 8, 9, 11, 26 to 36, 37(a), (b), (c) and (e), 38 to 49, 55 and 56 of the LPA 2008, which pertain to changes affecting the issuing of practising certificates, modifications to the disciplinary processes for solicitors and legal officers, and the new measures which may be adopted where the Attorney-General or the Council of the Law Society of Singapore is satisfied that a solicitor is incapacitated by any physical or mental condition to such extent as to be unable to attend to his practice, or that a solicitor’s fitness to practise appears to have been impaired by reason of his physical or mental condition.

The following subsidiary legislation will also be brought into force on 19 September 2008:

[Updated on 22 Sept 2008]

  1. Phase 2 (Commencement on 15 October 2008)

Sections 4, 5(c), (d) and (g), 7(a) and (b), 8(a) and (b), 26(d), 28, 29(a) and (c) to (o), 30(a) and (d) and 31(b) to (f) of the LPA 2008, which relate to changes affecting the issuing of practising certificates and certain modifications to the disciplinary processes against solicitors and legal officers (in particular, those relating to the making of complaints, the Inquiry Panel, review committees and inquiry committees), will be brought into force on 15 October 2008.

The Legal Profession (Practising Certificate) (Amendment) Rules 2008 will also be brought into force on 15 October 2008.

Singapore solicitors wishing to practise Singapore Law in foreign entities in accordance with section 130N of the LPA 2008 read together with the applicable rules in the Legal Profession (International Services) Rules 2008 may with effect from 15 October 2008:

  1. Register with the International Services Secretariat of the Attorney-General's Chambers.
  1. Thereafter, submit applications for a local practising certificate in Supreme Court's PC E-Filing System, as required by the Supreme Court's Practice Directions.
  1. Phase 3 (Commencement on 1 December 2008)

Sections 2(c) and (f), 5(a), (b), (e) and (f), 6, 8(c) and (d), 9, 11, 26(a), (b), (c), (e) and (f), 27, 29(b), 30(b) and (c), 31(a), 32 to 36, 37(a), (b), (c) and (e), 38 to 49, 55 and 56 of the LPA 2008, which relate to all other modifications to the disciplinary processes against solicitors and legal officers (including the introduction of the new two-member Disciplinary Tribunal); and the new measures which may be adopted where the Attorney-General or the Council of the Law Society of Singapore is satisfied that a solicitor is incapacitated by any physical or mental condition to such extent as to be unable to attend to his practice, or that a solicitor’s fitness to practise appears to have been impaired by reason of his physical or mental condition.

Outline of Key Changes

The brief below outlines the key changes that will apply to foreign lawyers and Singapore solicitors who practise or plan to practise in Foreign Law Practices, Joint Law Ventures and Qualifying Foreign Law Practices when the LPA 2008 and the above-mentioned Rules come into force.

[Updated on 22 Sept 2008]

Last updated on 26 Nov 2012