singapore legal sytem 3

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



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