Council Updates

 

11 August 2000

Annual General Meeting and Council Elections: The Society Needs You

The Annual General Meeting and the Council Elections of the Society have been scheduled for Monday, 23 October 2000 and Wednesday, 25 October 2000, respectively. An invitation will be extended to members of all committees to meet the Council at an informal tea to be held at the Law Society’s premises on Wednesday, 20 September 2000. The President will send an invitation to all members to encourage them to come forward to stand for elections and serve the Society.

Foreign Lawyers: Associate Members?

With the licensing of Joint Law Ventures, the Secretariat will inquire as to whether foreign lawyers may be allowed to join the Law Society as Associate Members and will request for the conditions for the licensing of Joint Law Ventures issued by the Attorney-General’s Chambers.

Implementation of the Legal Profession (Law Corporation) Rules 2000: Final Comments

Mrs Arfat Selvam, Vice-President, informed the Council that the Law Society’s final comments in relation to the Legal Profession (Law Corporation) Rules 2000 have been sent to the Attorney-General’s Chambers. A meeting with the Ministry of Finance to discuss the tax issues will soon be arranged. Mrs Selvam reported that there has been a suggestion that the application fee be increased so as to ensure that there are no frivolous applications.

Law Society Website: Vendors

Three vendors, who had the opportunity to present and demonstrate their proposals for the Law Society’s Website to the Council, proposed various features and functions for the redesign and reconstruction of the Law Society Website. Inter-Professional Presidents Group (IPPG): CPD The Ministry of Manpower informed the IPPG that whilst the Government has not agreed to a separate training fund for Continuing Professional Development programmes for the IPPG, they were open to discussion and co-operation between the IPPG and the Government’s Manpower Development Assistance Scheme (MDAS) on the development of professionals in Singapore will be discussed.

Proposed Revisions to the Law Society’s Professional Indemnity Policy for Law Corporations

Ms Yasho Dhoraisingam, Director of Professional Standards and Membership Services, informed the Council that the Professional Indemnity Committee had no objections to suggested draft revisions to the Professional Indemnity Policy consequent to the Amendment Act which brought into effect law corporations.

25 August 2000

Professional Conduct and Publicity: Defining Touting 

Mr Sivakumar Murugaiyan, Council Member, briefed the Council on the draft amendments to the Legal Profession (Professional Conduct) Rules and the Publicity Rules. The Council approved the draft amendments, deciding that third party publicity, subject to the Legal Profession Act and Rules will be permitted. The Council also decided to include the general prohibition against touting in the Legal Profession (Professional Conduct) Rules and to refine the definition of touting.

Dialogue Session with the Insolvency & Public Trustee’s Office (IPTO)

Ms Chu Sooi Yoon, Director of Practice Standards, informed the Council about the fruitful dialogue session on 15 August 2000 with the Insolvency & Public Trustee’s Office (IPTO). The Law Society and the IPTO discussed the possibility of setting up a ‘Wills Registry’ and the role of the Public Trustee in matters relating to traffic accident matters.

Issues discussed included whether there should be a flat allocatur fee, rather than a scale (since such fees are borne by the public), and whether fees for such matters could be agreed in lieu of taxation and whether there is a need to refer the matter to court and pay an allocatur fee. The Civil Practice Committee will review these matters and make recommendations to the Council.

Law Corporations: Controls

The Attorney-General’s Chambers have modified the Law Corporations Rules to state that the Law Society should have the discretion to reject applications only where the application is against the public interest or the interests of the legal profession.

Training Legal Executives and Paralegals: Upgrading

Mr Naresh Mahtani, CEO, reported about the Action Plan agreed with Temasek Polytechnic representatives and Solex on 15 August 2000. Temasek Polytechnic will prepare a first draft of the course framework by the end of September 2000. A Working Committee will then prepare the course before the target commencement date in February 2001.

Continuing Professional Development: Feedback

Mr Thio Shen Yi, Council Member, informed the Council that the Continuing Legal Education Committee is still receiving responses from Members to the survey sent to them, seeking their views on Continuing Professional Development. Mr Palakrishnan, President, will write to the Attorney-General to request for an extension of the deadline for the submission of Law Society’s feedback from members.

SAL Annual Lecture, 14 September 2000: Canadian Chief Justice

A dinner will be hosted jointly by Law Society, the Law Faculty of the National University of Singapore and the Singapore Association of Women Lawyers on 12 September 2000 for the Chief Justice of Canada, Ms Beverly McLachlin. Three representatives from each organisation will be present at the dinner. The Law Society will be represented by the President and the two Vice-Presidents.

Honorary Members: Criteria

A draft criteria for the appointment of Honorary Members of the Society will be drawn up by the CEO, Mr Naresh Mahtani. Council members are to give suggestions as to suitable candidates for appointment as Honorary Members.

Council Diary 2000

Tuesday, 10 October 2000

Nomination Day for Election to the Council

Monday, 23 October 2000

Annual General Meeting of the Law Society

Wednesday, 25 October 2000

Election of Council Members

Friday, 3 November 2000

The Law Society’s Annual Dinner & Dance in conjunction with the 4th LAWASIA Business Law Conference 2000 Gala Dinner

 

Practice Direction on Equity in Lieu of Fees

The Council issued a Practice Direction on 15 June 2000 for the guidance of members on the issues to be considered when accepting equity in lieu of fees.

The Law Society’s Ethics Committee was recently requested to give guidance on the issue of members forming a holding company to hold and receive equity ownership taken by the firm in lieu of fees and whether to do so would amount to sharing of fees with an unqualified person.

The Council does not see any difficulty in members forming such a holding company purely as a vehicle to hold equity received in lieu of fees and subject to the following:

  1. All the shares in the holding company must be legally and beneficially owned by advocates and solicitors who have valid practising certificates. All the directors of the holding company must also be advocates and solicitors who have in force practising certificates.

  2. Advocates and solicitors who have valid practising certificates must beneficially own the equity in lieu of fees (to be vested in the holding company).

  3. The above requirements must be complied with at the time the agreement to accept equity in lieu of fees is entered into and when the entitlement to receive such equity, pursuant to the agreement, arises.

Members should make appropriate arrangements to comply with the above in the event of a member ceasing practice and/or upon death.

Yasho Dhoraisingam
Director, Professional Standards & Membership Services
The Law Society of Singapore