Council Updates

Third Party Publicity

An ad-hoc committee was formed to review Rules 9 and 10 of the Publicity Rules 1998 and to draft proposed amendments thereto. The Council agreed to the reinstatement of the former Rule 6(3) that prohibits touting and will review proposed amendments to liberalise Rules 9 and 10 which deal with Third Party Publicity and Free Legal Advice through Free Legal Clinics. The Council noted that the Ethics Committee is reviewing these issue to ensure that, in this information technology age, members are not unduly handicapped by the rules governing the profession, but that any amendments should not detract from the rule against touting or attracting work unfairly.

Conveyancing Practice Survey

Four hundred respondents participated in a survey on conveyancing practice, which was conducted by the Society. 68% of the respondents indicated that they were in favour of maintaining conveyancing scale fees, whilst 80% supported the separate representation of the various parties in a conveyancing transaction. Another 65% were in favour of ‘user paying his own costs’ and 95% supported the issue of guidelines by the Law Society in the event of the freeing of conveyancing scale fees.

Law Corporations

The Practice Structures Committee have been submitted their views to the Attorney-General’s Chambers and the Committee is currently finalising the contents of a handbook for members.

International Relations: Indonesia

The Council agreed that the Society’s International Relations Committee should seek the Ministry of Foreign Affairs’ guidance in relation to dealings with the Indonesian legal fraternity and that in relation to Indonesia, the Committee should focus on one activity for 2000, namely to organise a forum on Indonesia. The forum should be held immediately after the LAWASIA Conference. Indonesian lawyers, in particular, should be invited and encouraged by the Committee to attend both the LAWASIA Conference and the forum.

Electronic Counter Payments: Supreme Court

Ms Yasho Dhoraisingam, Director of Professional Standards, informed the Council that she has been advising members, on an ad-hoc basis, to obtain their clients’ consent to transfer the fees payable to their office account, so as to comply with Rule 7 of the Legal Profession Solicitors’ Accounts Rules. The Council decided that a letter should be sent to the Deputy Registrar outlining the difficulties faced by law firms and requesting if the courts would accept payments of sums above $1,000 in the form of cheques.

Draft SIAC Domestic Arbitration Rules

Mr Sivakumar Murugaiyan and Mr Thio Shen Yi, Council Members, informed the Council that they had reviewed the draft Rules and would not be recommending any amendments. Upon receiving the views of Mr Goh Phai Cheng, Vice-President, on the draft rules, the President will write to Mr Warren Khoo informing him of the views of the Society’s Arbitration Sub-Committee.

Law Society Website/Portal

The Council discussed whether the Law Society should commercialise the services available at the Law Society Website, the viability of partnership arrangements and the design and maintenance of the Website and decided to hear presentations by some vendors on their proposals.

Setting Standards: Audit Effectiveness for the Profession

Mr Patrick Ang, Council Member, presented the Practice Management Committee’s report on ‘Setting Standards for the Legal Profession’. The Committee recommended the adoption of a standard equivalent to the English ‘Lexcel’ Standard and engaging consultants to prepare manuals for litigation, conveyancing and corporate practice. Further, the Committee suggested engaging an independent auditor to conduct training and issue certification for the Society. It was also suggested that a grant be obtained from the Society’s Professional Indemnity Insurers to help fund the initial costs of about $50,000. The Committee will report to the Council after drawing up a programme and budget.

Ethics — Medicine and Law

Mr Sivakumar Murugaiyan, Council Member, was a panelist at a seminar held in conjunction with the Launch of the Singapore Medical Association’s (SMA) Centre for Professionalism and Ethics on 10 June 2000. A meeting was subsequently held between representatives of the Law Society and the SMA on 21 July 2000 on the topic of ‘Inter-Professional Collaboration on Professionalism, Ethics and Health Law’. The Law Society has been invited to provide speakers for a series of programmes on Medical Law and Ethics to be organised by the SMA.

Continuing Professional Development (‘CPD’) — A Survey

Some 50 members attended the Law Society’s CPD Dialogue Session on 26 July 2000. A survey form will be distributed to members to seek their views on matters relating to CPD.

Criminal Legal Aid Scheme (CLAS) — Revising the Means Test

Ms Christina Goh, Treasurer, presented the CLAS Committee’s report on the expansion of CLAS services, which discussed various activities and issues, including the revision of the Means Test for applicants, giving aid to accused persons who are pleading guilty, honorarium/ nominal fees for CLAS volunteers, funding and volunteer lawyers. Whilst the Council decided that the duty lawyer scheme should not be implemented presently on account of budget constraints, it agreed that the Committee should look into revising the Means Test and giving aid to accused persons who are pleading guilty. The Committee will write to the Chief Justice to request funding of 50% of the CLAS operating budget.

Programmes for Paralegal Support (PROPS)

Mr Ahmad Nizam Abbas, Council Member, informed the Council that Mr Naresh Mahtani, CEO, had met with Temasek Polytechnic, which indicated their interest in a training programme for paralegals. There will be a meeting between representatives from the Society’s Continuing Legal Education (CLE) Committee, SOLEX and Temasek Polytechnic to work out a PROPS programme.

‘Counselling.org.sg’

The President presented a paper entitled ‘Counselling Online (Singapore) — A Non-Profit Organisation — A First Stop/One Stop Counselling Website’. The Council agreed to a hyperlink with the Law Society’s Website and the Law Society’s endorsement of the organisation.

Lawyers Leaving Practice

Ms Yasho Dhoraisingam, Director of Professional Standards & Membership Services, put forward her report on the statistics of the number of lawyers leaving practice. The form used by lawyers to inform the courts and Law Society that they have ceased practice has been modified and persons leaving the profession are now requested to indicate if they will be ceasing practice altogether, or whether they will be working in areas related to the law.

Video-Conferencing of Pre-Trial Conferences (PTCs): Concerns about Technology

Mr Ang Sin Teck, Council Member, reported on the dialogue session with the Subordinate Courts on 27 June 2000 and informed that PTCs via video-conferencing will commence on 31 July 2000. Practitioners have expressed their concern about the mode of implementation of the scheme and its effect on law firms.

Members’ Welfare & Care Givers

The Council agreed to the Social & Welfare Committee’s proposal to establish a separate fund for the LawCare programme commencing with an initial grant of $1,000 from our insurance brokers, Alexander Forbes. Another separate Welfare Fund will also be set up with an initial grant of $2,500 from the Society’s General Fund.

Directory of Expert Witnesses

The Council agreed in principle to the President’s proposal that the Society publish a Directory of Expert Witnesses, perhaps with the assistance of the Inter-Professional Presidents’ Group (IPPG). The President will liaise with the IPPG in relation to the proposed Directory.