Elections!

Once again, it is time to elect your Council members. Nomination date is 10 October 2002, so look out for the announcement posted on the Law Society’s website from 11 October 2002 to find out whether elections are required in your category.¹ Alternatively, you may wait for the relevant statutory notice which should reach you by the following week.

Pursuant to s 50 of the Legal Profession Act (Cap 161) (‘LPA?, every advocate and solicitor who has in force a valid practising certificate at the date of nomination must vote for the election of the members of the Council. Failure to do so will attract a penalty of S$500 unless the Registrar of the Supreme Court is satisfied that the advocate and solicitor has good and sufficient reason for not voting. Since last September, if you are abroad at the date of election, the Registrar of the Supreme Court deems that to be a good and sufficient reason not to vote.² When you write to the Registrar to be excused from the penalty, you should state the reasons why you were abroad.

Be forewarned. Failure to pay the penalty of S$500 will mean that the Law Society is required to object to the application by that advocate and solicitor for a practising certificate in the subsequent years.

In compliance with s 27(3) of the LPA, all advocates and solicitors must write to inform the Registrar of the Supreme Court and the Law Society of any change in their employment or practice particulars within seven days. This will ensure that the electoral roll is updated and that only advocates and solicitors holding a valid practising certificate are on the voters?list. (Note: If you have indicated before the date of nomination that you have ceased practice, you will not be on the voters?list as your practising certificate has ceased to be valid.) A copy of this form is available for downloading from the Law Society’s website ?www.lawsociety.org.sg under the sub-menu of Legal Practice ?Ceasing a Legal Practice.

If you are or were a partner, such notifications will ensure that you submit the correct Accountant’s Report for the following year’s application to renew your practising certificate.

Council elections is a serious matter as each year, almost half the Council members for each category are changed, having served their two-year term. Practitioner members then have an opportunity to nominate and vote fellow members to serve the profession and the Law Society.

During their term in office, Council members are required to liaise with various members of the judiciary, ministries, government departments and other professional bodies. Where necessary, written representations are made to the relevant authorities giving the legal profession’s perspective. Currently, Council is studying the feasibility of the Solicitor’s Real Estate Scheme, Multi-disciplinary Practices and the amendment of the Professional Conduct Rules to liberalise the profession.³

The challenges facing the profession are more acute this year. As such, the dedication of the Council members is a prerequisite and you should consider serving as a Council member if you think you are able to contribute. Even if you do not wish to serve as a Council member, you should exercise your right by nominating the persons whom you think can appropriately fill these roles and then cast your vote wisely.

Remember, voting at Council elections should be taken seriously, as is informing the Registrar and the Law Society of your change in particulars.

Ho Meng Third
Law Society of Singapore

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