Council Updates

Dialogue with the Subordinate Courts

Mr Thio Shen Yi, Council Member, informed the Council about a dialogue session with the Subordinate Courts on 30 August 2000 on issues relating to the Primary Dispute Resolution Centre. In future, lawyers can write in to the Subordinate Courts to obtain adjournments, instead of having to appear in court. Longer adjournments may also be granted if necessary. There will be a cap on the number of CDRs, namely three for accident claims and four for non-accident claims. A circular on these matters will be sent to members. The Civil Practice Committee, together with the Subordinate Courts, will continue to monitor the situation.

Conveyancing Review Committee - 'The Scale' 

The Conveyancing Review Committee has formulated a first draft of its report, proposing a phased liberalisation of the conveyancing scale and the lifting of the conveyancing scale with immediate effect for transactions over which consumers need not have protection and where they would have sufficient bargaining power. Mr Derrick Wong and Mr Philip Jeyaretnam, Council Members, will write to the Committee to request that they reconsider the proposals in the first draft report on the grounds stated in the earlier report prepared by the former Conveyancing Review Committee which was chaired by Justice Chao Hick Tin. 

Conveyancing Practice Committee - Legal Requisitions

Mr Derrick Wong presented a paper on a Practice Circular on the issue of 'Dispensation of Legal Requisitions for Properties under Construction ('PUC')' and informed the Council that the Conveyancing Practice Committee and the Singapore Land Registry are working on dispensing with unnecessary requisitions, in particular, requisitions for properties under construction where the Temporary Occupation Permit ('TOP') has not been issued. 

The Conveyancing Practice Committee will consult with the Singapore Land Registry and other agencies on the proposed draft Practice Circular and a final version will then be disseminated to members of the Bar in a circular. The Council commended the Conveyancing Practice Committee for their initiative.

Finance-Investment: Primary Consideration

The Council considered the issues raised in a report on investments presented by Mr William Phua, Director of Finance. The Council's primary consideration was to safeguard Members' funds and at present, they have decided to continue with cash management by UOB Asset Management. The Council also will ask Mr Goh Phai Cheng SC, Vice-President, to consider possible amendments to the Legal Profession Act in relation to the Compensation Fund.

Service of Documents in Malaysia: Problems 

Ms Chu Sooi Yoon, Director, Practice Standards, informed the Council that a survey will be conducted to gather feedback from practitioners who are experiencing problems effecting service of documents in Malaysia. The results will be collated and forwarded to the Attorney-General at his request.

Legal Profession (Law Corporation) Rules 2000 

The Council noted that the Legal Profession (Law Corporation) Rules have been finalised. It has been proposed to the Ministry of Law that the Rules be gazetted to come into operation on 1 October 2000. The Law Society Secretariat will consider the viability of the commencement of the Rules on 1 October 2000.

Associate Membership for Foreign Lawyers: Registration 

The Council has agreed to accept the amended draft of the proposed new sub-section 41(1)(c) of the Legal Profession Act ('LPA'), that is, 'any foreign lawyer registered under rules made pursuant to section 130I') as proposed by the Attorney-General's Chambers. The Council also noted that pursuant to section 130I of the LPA, all foreign lawyers and law firms must be registered with the Attorney-General's Chambers.

New Family Courts - Opening in 2001

The Council decided that the Law Society will collaborate with the Family Courts in organising training and informational events to coincide with the opening of the New Family Courts in 2001. 

IT/Business Facilities in the Bar Rooms

The Council decided that the IT Committee is to consider the feasibility of providing IT and Business Facilities in the Bar Rooms at the courts.

Professional Indemnity Insurance Policy: Cover For Our Practitioners in JLVs

Mr David Nayar, Council Member, reported that the new draft professional indemnity policy will offer coverage for Singapore lawyers practising in law corporations. However, it was noted that the insurers were considering the situation where Singapore lawyers practised solely through Joint Law Ventures ('JLVs'). The Professional Indemnity Committee will discuss the issues of cover for Singapore lawyers in JLVs and report their findings to the Council.

Complaints of Inadequate Professional Service: Cover For Mediators

The Council discussed and approved the proposed draft Code of Ethics for Mediators appointed by the Law Society to mediate complaints of inadequate professional service. The Code will be sent to the Mediators for their comments.

Supreme Court Practice Direction 6 of 2000: Appeals in Ancillary/Custody Matters

The Council was in communication with the Registrar of the Supreme Court as regards to the said Practice Direction. The Council decided that the time given to file Submissions and Records of Appeal in Ancillary and Custody Matters was insufficient, and the onus should not be on the lawyers to apply for extensions of time. The Council has directed that the President take this issue to the Registrar, Supreme Court.

Council Elections 2000: EVS

The Council decided to consider the implementation of an Electronic Voting System (EVS) for Council elections for the year 2001, and beyond. The Council has directed that the Attorney-General's Chambers be approached in relation to proposed amendments to the Legal Profession Act to allow Practising Members who are overseas at the time of voting to be deemed to have good and sufficient reason for not voting.

Annual General Meeting - 23 October 2000: Features

The Council approved the Agenda and Programme for the Annual General Meeting, which in addition to the usual Agenda, will feature presentations by the chairpersons of the following committees: Civil Practice, Criminal Practice, Conveyancing, Practice Structures and Ethics.

Singapore Syariah Law Journal - SSLJ

The Council approved the Muslim Law Practice Committee's proposal to participate, together with MUIS and Butterworths, in a project to publish a Singapore Syariah Law Journal.

Tea Reception for Committee Members on 20 September 2000 - Feedback from Members

During the tea reception, Council members received feedback that newly admitted lawyers were not sufficiently informed of or involved in the activities of the Law Society.

The Council decided to encourage pupils to become Associate Members of the Law Society, and the Attorney-General's Chambers will be approached in relation to the necessary consequential amendments to the Legal Profession Act. The President will speak to the Board of Legal Education to reinstate the allocation of a one hour time-slot for a presentation on Law Society activities and membership to PLC students.

Young Lawyers' Events - Feedback by Young Lawyers

As interest among young lawyers for Law Society events had to be further encouraged, the Council decided that small feedback sessions should be organised for young lawyers, to increase their awareness, commitment and participation in the Law Society.

Law Awareness: Free Wills

Mr N Sreenivasan, Council Member, reported that the Law Awareness Committee will perform a free will-writing service for the Dover Park Hospice. The Law Awareness Committee will liase with the Young Lawyers Committee, with regard to performing general social services at the Hospice.

Global Competitiveness Report: A Query On Their Sources

The Council decided to enquire of the publishers of the Report as to the sources of information and the components they took into account when calculating 'litigation costs' and the methodology for their survey.