Council Updates

16 March 2001

Standards for the Legal Profession

The Council accepted the recommendation of the Practice Management Sub-Committee on Setting Standards for the Legal Profession to send a representative to England to study the LEXCEL system and its application to law firms, with a view to adapting it to the Singapore legal context and to seek from the Society's insurance brokers a partial subsidy towards the implementation of the system and the representative's travel costs.

Training in Information Technology (IT) Law

Mr Jim Lim, Chairman of the IT Committee and Mr Naresh Mahtani, CEO, will be meeting with officers from the Ministry of Law to discuss the matter of incentives to lawyers for training in IT Law.

The Malaysia/Singapore Bench and Bar Games 2001

Mr Palakrishnan, SC, President, will invite the Chief Justice of Singapore and other judges to participate in the Games, which will see the participation of the Sabah and Sarawak Bar for the first time.

Mediation of Disputes between Lawyers and Law Firms

The Council referred to the Malaysian Bar Council's Mediation Rules for law firm disputes. The Society's ADR Committee will look into drafting similar rules for use in Singapore.

Council Practice Directions

Rule 70 of the Legal Profession (Professional Conduct) Rules 1998 (the Rules)

Rule 70 of the Rules is applicable when judgment in default of defence is to be entered against a party or when a divorce petition is be set down as uncontested in default of filing an answer.

When there is another advocate on record, judgment cannot be entered in default of defence nor the petition set down as uncontested, without giving the other advocate the 48 hour written notice required by the Rules.

Rule 70 was not intended to be applicable in any other event when judgment can be entered by default or otherwise. In particular, it was not intended to apply in instances when judgment is being entered for failure of a party to comply with Orders of Court.

The Council has requested the Ethics Committee to re-draft Rule 70 to remove any doubt on its application.

Approval of a Name of a Law Corporation

The Council has determined that the use of the expression 'Partners' or 'Partnership' as part of a name of a law corporation is misleading and would not be approved under the terms of section 81C(1)(a) of the Legal Profession Act.

For example, the proposed name of 'Tan Partners Law Corporation' would not be approved.