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Second Reading Speech on the Legal Profession (Amendment) Bill 1979 
Posted on Friday, March 30, 1979 - 08:00 PM

Second Reading Speech on the Legal Profession (Amendment) Bill 1979 by the Minister for Law and Science and Technology, Mr E.W. Barker, in Parliament on 30th March 1979.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

This Bill seeks to bring about necessary and desirable changes to the Legal Profession Act in the light of present day conditions. These changes have been contemplated for some time and have been rendered all the more urgent as a result of the recent spate of cases involving lawyers who have failed to live up to the high ethical standards required of their profession.

The work of a practising solicitor involves handling large sums of money on behalf of his clients. On any day a solicitor may have a few million dollars in his Clients' Account. So this demands a high standard of reliability and honesty. This may be said to be true of all professional men, but with regard to solicitors these requirements are a sine qua non to practice. The law itself recognises that the relationship between a solicitor and his client must always be one of uberrimae fidei, a Latin expression that presupposes the existence of the utmost good faith on the part of the solicitor towards his client.

The Act confers on advocates and solicitors the exclusive right to legal practice in Singapore. In effect, it creates a monopoly. It is of utmost importance that this exclusive right is not abused, if public confidence in the profession is to be maintained.

Needless to say, the respect for the professional code of conduct and its strict adherence is the responsibility of the governing body of the profession - the Council of the Law Society. It follows that the law has to ensure that the Council can and will effectively discharge its duties and obligations as guardian of those in practice so that the public standing of the profession will be maintained if not enhanced.

In the interests of both the profession and the public, the main provisions of the Bill seek to -

(a) reconstitute the Council and vest it with adequate powers to intervene in a solicitor's practice when circumstances so warrant;

(b) secure tighter control over solicitors by quicker and more effective disciplinary procedure.

Clause 7 provides that the Minister may nominate not more than three advocates and solicitors to sit on the Council of the Law Society. Though this is new, it should not affect the independence of the profession or its self-regulatory character. The great majority of Council members will still be elected by those members of the profession who are in practice, but it is hoped that the Minister's nominees will spur the Council into action.

Clause 8 deals with elected members of the Council who will consist of -

(a) six practitioner members of not less than 12 years' standing;

(b) five practitioner members of under 12 years' but not less than seven years' standing; and

(c) four practitioner members of under seven years' standing.

Clause 9 makes it compulsory for an advocate and solicitor to vote for the election of members of the Council. If he fails to do so without good excuse, he must pay a penalty of $500, which will be credited to the Solicitors' Compensation Fund maintained by the Law Society, before he can apply for a practising certificate.

Clause 6 is designed as a preventive measure to safeguard the public from dealing with solicitors who are financially embarrassed. Accordingly, a solicitor will be disqualified from applying for a practising certificate if he is an undischarged bankrupt, or he has entered into a composition with his creditors, or he has one or more outstanding judgments against him amounting in the aggregate to $100,000 or more which he is unable to satisfy within six months from the date of the judgment.

Clause 12 read in conjunction with clause 22 will extend the powers of the Council of the Law Society so as to enable the Council to intervene effectively in a solicitor's practice in the circumstances enumerated in paragraph 1 of the new Schedule to be inserted in the Act.

At present an Inquiry Committee must inquire into any complaint against a solicitor and report the matter to the Council before the Council can apply to the Chief Justice to appoint a Disciplinary Committee. This has led to considerable delays.

To expedite disciplinary proceedings, clause 15 makes it mandatory for the Council to apply to the Chief Justice to appoint a Disciplinary Committee, without having to refer the matter first to the Inquiry Committee, in any case where a solicitor has been convicted of the offence of criminal breach of trust or of any other offence involving fraud and dishonesty. Sir, there have been some recent cases where solicitors have been convicted in court, have gone to jail, have served their sentence and yet the Inquiry Committee has not completed its investigations and findings.

Moreover, where a case is referred to the Inquiry Committee, clause 16 requires the Inquiry Committee to commence inquiry and present its report within certain time limits so as to preclude the possibility of undue delay. On receipt of the report from the Inquiry Committee, the Council too will, under the amendment contained in clause 17, be obliged to act expeditiously within one month of the receipt of the report. It is hoped, Sir, that as a result of these changes the procedure of disciplinary control over solicitors will be streamlined, and be made more effective.

To sum up, Sir, the amendments contained in this Bill are designed to give better protection to the public in their dealings with and reliance upon solicitors. This piece of legislation should be welcomed not only by members of the public but by those lawyers who would like to see the maintenance of the highest ethical standards in the profession.

After all said and done, Sir, not all lawyers are crooks even if they take to politics. Otherwise, Sir, the administration of justice in the Republic will collapse.

Sir, I beg to move.