singapore legal sytem 3
TRANSCRIPT
Brief History Purpose of Legal Education Challenges to Legal Education
Qualified lawyers from UK Pre-War Period: Legal Education in UK -
Inns of Court Establishment of Law Dept 1957 Law Faculty 1959
Lionel Astor Sheridan and the founding of the
Law Faculty
Established key principles of legal education -
Academic as opposed to vocational training
Emphasis on liberal study of law as intellectual
discipline
1957-1966: Period of Liberal Legal Education
1966-1982: Period of Professional Training
1982-date: Legal Training as training for administration
The Jayakumar-Chin Report 1981 Phase I - compulsory ‘core’ subjects Phase II - inclusion of ‘non-law’ optionals Why did you study law?
Purpose of Legal Education Equipping for Practice Development of the Mind Engagement of the Soul In what proportion? How important is theory?
Challenges to Legal Education Internationalisation of legal practice Need for greater specialisation Changing nature of legal work What skills will you need? Are lawyers really necessary?
Legal Profession - based on English system of advocacy
Historical antecedents - barrister and solicitors
Fused professionLaw agents 1839–1852
Act XXX of 1867Fused professionBarrister and solicitorsAdmission criteria
Qualified Persons Malayan Practitioner Hong Kong Practioner
Qualified PersonsBefore 1 May 1993LLB from MU, SU or NUSBarrister from England or Northern
Ireland or Member of Faculty of Advocates in Scotland
Qualified PersonsSolicitor in England or Northern
IrelandPossession of degree or qualification
declared by Minister to qualifyPossession of qualification and
satisfied requirements as Minister may prescribe
Approved as qualified person
Committee on Supply of LawyersLegal Profession (Amendment) Act
1993Legal Profession (Qualified Persons)
Rules
LLB NUS - 2nd Lower if admitted after 1 May 1993
LLB SMU – GPA of at least 3.00 UK LLB - LLB 2nd Upper if admitted after 1
Jan 1997 JD – top 40% in Law School LLB from institution of higher learning in
First Schedule - 2nd Upper No dual degree or accelerated courses Combined degree – subject to approval
United KingdomBirmingham
Bristol
Cambridge
Durham
Exeter
Leeds
Leicester
Liverpool
King's College
LSE
QMWC
SOAS
UCL
Manchester
Nottingham
Oxford
Sheffield
Southampton
Warwick
AustraliaAustralian National University
Flinders
Monash University,
MelbourneMurdoch
New South WalesQueenslandSydneyTasmania
Western Australia
CanadaOsgood Hall, York
University of Toronto
New ZealandAuckland
Victoria
United StatesHarvard
New York Law School
Columbia University
Michigan University
University of HONG KONG
University of MALAYA
Good characterPrescribed pupillage - 6 monthsBoard of Legal Education
prescribed course - Practice Law Course (PLC)
Practising CertificateExclusive right to appear and plead
in all courts of justiceNo differentiation between
advocates and solicitorsSenior Counsel - introduced 1988Remuneration for work
Law Society of SingaporeSingapore Academy of Law
Before 1967 - Bar Committee (established 1934)
1967 - Advocates and Solicitors Society (Law Society of Singapore)
All advocates and solicitors automatically Society members
Maintain & improve standards of conduct & learning
Makes rules and regulations Deals with misconduct
Established 1988 Continuing legal education Meeting place for all connected with the
law 1995 - wider role Appointment of notaries public,
commissioners of oaths Study, development and operation of
law Commercial mediation Governed by Senate headed by
President - Chief Justice
Legal Profession ActRegulation and discipline of
advocates & solicitors Issues Practice Directions and
Rulings on professional conductLegal Profession (Professional
Conduct) Rules 1988Code of Conduct operational from
1 Jun 1998
Criminal conviction implying defect of character
Fraudulent or grossly improper conduct in discharge of professional duty
BankruptcyContingencyToutingAllowing unauthorised person to
undertake legal work
Misconduct unbefitting advocate & solicitor
Carries on trade or calling detracting from profession of law
Failure to comply with the Act Has been disbarred, struck off or
suspended by another country
1. Complaint received2. Council refers to Chairman of
Inquiry Committee (IC)3. Convenes to hear complaint
within 2 weeks4. IC Reports to Law Society Council
- to investigate or not5. Apply to CJ to convene
Disciplinary Committee
6. Not more than 5 persons appointed by CJ who are retired judges or advocates or solicitors of not less than 12 years’ experience, practising advocate & solicitor or legal officer of at least 10 years’ experience.
7. Decide if there is any cause of sufficient gravity for show cause action
8. Show cause why advocate & solicitor should not be struck off roll
Growth of large practices Multi-disciplinary practices Multi-national practices Foreign law firms - WTO and
FTA requirements?
Accorded privileges on account of monopoly
Duties owed as a consequence
Advocate & SolicitorValid Practising CertificateRepresentation of parties in judicial
proceeding
Acting as solicitor Preparing documents pertaining to legal
proceedings Probate and administration documents Letters threatening legal action Negotiating claims involving death or
personal injuryExceptions - AG, SG & others
Duty to the CourtUndertakingsDuty to ClientDuty to Other LawyersDuty to OthersDuty Regarding fundsDuty to Act Properly
LPA s 79(1) - ‘officer of the court’Duty to Court and ClientHow to strike the balance?Defence of Queen Caroline - Lord
Brougham Alexander Cockburn CJ’s indictment
Cockburn CJ:‘an advocate should be fearless in carrying out the interests of his client, but … the arms he wields are to be the arms of a warrior and not that of the assassin … It is his duty to the utmost of his power to seek to reconcile the interests he is bound to maintain and the duty it is incumbent upon him to discharge with the eternal and immutable interests of truth and justice.
Duty to draw court’s attention to all relevant legal arguments & authorities
Not to obstruct cause of justiceConduct business with proprietyUphold integrity of administration
of justice
Duty to act honestlyDuty to honour professional
undertakingsSubject to summary proceedings
for breach
Lord Brougham vs Lord CockburnGroom v Crocker:
‘carry out his instructions in the matters to which his retainer relates, by all proper means; and consult with his client on all questions of doubt which do not fall within the express or implied discretion left to him; and keep his client informed of such extent as may be reasonably necessary.’
Entitlement to professional feesDuty not to overchargeSubject to various regulations:
Order 59, Rules of Court Solicitors’ Remuneration Order
Depends on complexity, novelty, skill and knowledge required
Taxation of costs
Negligence Immunity from suit under the rule
in Rondel v WorsleySaif Ali v Sydney Mitchell - matters
‘so intimately connected with the conduct of the cause in court that it can be fairly be said to be a preliminary decision affecting the way the cause is to be conducted when it comes to a hearing’
Communications between lawyer & client
Qualified privilege Defamation in courtAbsolute privilegeMalicious statements - disciplinary
proceedings
Legal Professional PrivilegeClient confidentialitySection 128 Evidence Act - non-
disclosure of communication made in the course of employment in a ‘lawyer-client’ relationship
Position with respect to 3rd parties unclear
Certain statutory provisions compelling disclosure do not apply
Interference in lawyer-client relationship
Professional courtesy - embodied in Practice Directions
Comments on professional standing
Stakeholder’s fundsMonies held on trust or escrowRegulation by Law Society
Solicitor’s Accounts Rules Solicitor’s trust Accounts Rules
Duty of CareDuty to act properlyDuty to pay
Advertising and publicityToutingDuty not to use threatsDuty not to use offensive
languageConflict of interest
Need for legal aid Court fees Party’s costs Other party’s costs
‘Greatest revolution in law’ since World War II – Lord Denning
Civil legal aidCriminal legal aid
Second Charter 1826
Brought in 1494 statute 11 Henry 7 c 22 (An Act to Admit Such Persons as Are Poor to Sue in Forma Pauperis’
1956 – Introduction of the Legal Aid and Advice Ordinance (later Act) – David Marshall’s key initiative.
Modelled on 1949 English Act & 1943 New South Wales systems
Establishment of Legal Aid Bureau – 1 Jul 1958
Originally intended as scheme for criminal legal aid but deemed contrary to public policy
Combination of compensated private counsel and salaried staff attorney.
Bureau – headed by Director appointed by Minister for Law. Currently staffed by about 10 lawyers – all members of Singapore Legal Service (handle 65% of cases).
All officers have right of appearance in court.
Decision to assign legal aid by Legal Aid Board (Director & 2 private practitioners)
More than 500 lawyers who have volunteered their services (handle 35% of cases).
Legal Advice – ‘oral advice on legal questions’
Legal Aid – for court proceedings (governed by First Schedule – types of courts & types of actions) – practically any type of case except for defamation and relator actionss
Legal Assistance – eg in drafting of documents, (deeds of separation, wills etc)
Singapore citizen or permanent resident
Satisfy means test (based on income and assets)
Satisfy merits test.
Disposable income of no more than $10,000 per annum
Disposable capital of no more than $10,000
Determined by Gross Income minus:
CPF deductions
Personal relief ($4,500 per applicant)
Rental of housing (dwelling house excluded from test)
Deductions for dependents ($3,500 each) Discretion to grant relief for those with sudden
physical or mental disability or permanently unable to work.
For those above age 60, savings of up to $30,000 exempted.
To qualify:
No dependants: $18,125 or less
1 dependant: $22,600 or less
2 dependants: $26,876 or less
3 dependants: $31,250 or less
4 dependants: $35,625 or less
Must first pass means test
Show reasonable grounds for taking, defending, continuing or being a party to a court action
Legal opinion
Decision by Legal Aid Bureau (at least 2 panel solicitors and Director) meeting once a fortnight.
Aided person – no court fees or process server fees. Supplied free of charge with notes of evidence. No liability for costs to other party
May be required to pay contribution (depending on income)
Out of pocket expenses & costs incurred on his/her behalf
Between 1997 & 2005, average number of persons qualifying for legal aid between 5,000 and 7,500.
2006 – 8,766
2007 – 9,022
Types of Cases (2003-2007): Matrimonial 54.2%
Claims 11.1%
Probate 5.3%
Property 3.5% Age Distribution:21-30 (15%); 31-40 (27%); 41-50
(31%)
Gender Distribution: 56% female; 42% male
Operated by the Law Society
No restriction on nationality
Means test
Owners of private property or vehicles not eligible
If you have savings or shares exceeding $3,000 (single) or $5,000 (married) – not eligible (excludes SBS, NTUC Fairprice & SingTel shares)
disposal assets of not more than $5,000
Net monthly income of single applicant not more than $1,300
Net monthly income of married applicant not more than $1,700 plus $160 for each dependant.
Arms & Explosives Act Arms Offences Act Corrosive & Explosive Substances & Offensive Weapons
Act Dangerous Fireworks Act Enlistment Act Explosive Substances Act Films Act Miscellaneous Offences (Public Order and Nuisance) Act Misuse of Drugs Act Penal Code Prevention of Corruption Act Undesirable Publications Act Vandalism Act Sections 65(8) and 140(1)(i) of the Women’s Charter Misuse of Computer Act