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NEWS Council Bulletin / Guidance of Council |
Council
Update
17 September 2004
Preparations for the Law Society’s Workplan 2005
The CEO reported that Exco suggested that the venue of the Workplan retreat be the Sofitel Golf Resort in Johor, Malaysia. Council agreed to the venue and noted that Council members would bear personally 50% of the costs of travel and accommodation. Council agreed to invite two representatives from the Small Firms and the Young Lawyers Committees to attend the Workplan session, in addition to invited Resource Persons and chairpersons of identified committees.
A Communications Strategy for the Profession and the Law Society
A study of the communications needs and strategy for the profession and the Society was conducted by Mrs Arfat Selvam with the CEO and two Directors from the secretariat. The focus of the review was on four areas:
(a) Reflecting on the Society’s past efforts at developing a communications strategy;
(b) Whether there was a need for a strategic communications approach;
(c) Whether there was a need to improve the image and reputation of the legal profession; and
(d) What the critical success factors would be if the answers to (b) and (c) were in the affirmative.
It was recommended that the communications strategy for the next two years focus on building a strategic communications platform that would serve the profession and the Society; and establishing the Society as the key ‘enabler’ for the profession.
In order to achieve these objectives, it was recommended that the Society take a long-term view and study ways, including taking a decision, if external expertise would be necessary in terms of consultancy to facilitate the process.
Council unanimously approved and adopted the communications strategy outlined and would move forward to study its implementation next.
Outcome of the Tender Exercise for the Society’s Professional Indemnity Broker from 1 April 2005
Mr Goh Joon Seng and Mr Lok Vi Ming, two members of the Professional Indemnity Committee, appeared before Council.
Council was informed that the Society had invited seven brokers to tender but only six had submitted proposals. The Committee had shortlisted three out of the six brokers who responded and after careful consideration recommended that the Society shortlist two brokers to submit proposals on improvement of the Scheme’s policy and premiums before a final selection was made by the Committee for Council’s consideration. Council accepted the recommendations of the Committee.
Chairmanship of an Ad-hoc Steering Committee on Minimum CPD
Council was informed that Mr Harry Elias, SC had agreed to chair the steering committee with Mr Thio Shen Yi appointed as Vice-Chairman. The terms of reference of the ad-hoc committee would be submitted to Council at its next meeting with proposed names of members who could be invited to serve.
Second Status Report on a Mentor Scheme for Young Lawyers
Ms Jacintha Thannimalai, a member of the Young Lawyers Committee, advised Council that the Young Lawyers Committee had decided to re-look at a pilot scheme and match three or four students from the Practice Law Course (‘PLC’) with the Society’s proposed panel of mentors. The Committee would implement the pilot scheme next year with PLC students and monitor the project.
Report on the Second Law Society Family Day Held on 4 September 2004
Mr Anand Nalachandran as the Council representative on the Social and Welfare Committee reported that about 170 members and their families attended the event which was held at Sentosa. The feedback on the event was positive but Council requested the Social and Welfare Committee to study the value of holding the event on an annual basis.
A Cooperation Agreement with Ikatan Penasihat Hukum Indonesia (‘IPHI’)
Council was referred to a draft cooperation agreement with IPHI, the third largest Indonesian Bar Association put forward by the International Relations Committee (‘IRC’). The IRC was of the view that an agreement with the IPHI would be a step in the right direction to build long-term relations with Indonesian lawyers. Council approved the terms of the draft agreement which would be forwarded to IPHI.
1 October 2004
Choice of Vendor for the Re-design and Enhancements of the Law Society’s Membership Database
Mr Jim Lim, Mr Lim Seng Siew and Mr Andrew Chan from the Information Technology Committee appeared before Council.
The Committee had shortlisted two vendors in the recent tender exercise. Council delegated the final decision to the Exco upon receiving the final recommendation of the IT Committee on the appointment of a vendor. Council approved a budget of $85,000 for the project.
Report by the Law Society’s Ad-hoc Committee on Separate Representation in Conveyancing Transactions
Four members of the ad-hoc committee appeared before Council namely, Mr Lee Bon Leong, Ms Pixie Ho, Ms Hairani Saban and Ms Wendy Wong.
Council noted that this was the third study undertaken by the Society on separate representation. Mr Lee highlighted the main benefits of separate representation such as the avoidance of conflict of interests, the eradication of fraud and giving the consumer the right of choice of a solicitor to represent him. Council was also advised that the recent judgment of His Honour, VK Rajah J, who had called on the Law Society to draft clear guidelines or rules for the profession on conflict of interests.
Council agreed that it was in the public interest to have separate representation and unanimously agreed to present a report to members at a dialogue session and thereafter submit the Society’s proposals to the Attorney-General. Council decided to forward the submitted report to two members, Mr David Wong and Mr George Pereira, for review, feedback and comments.
Changes to Singapore’s Tax Year Assessment and Its Impact on the Legal Profession
Council agreed to form an ad hoc committee to study the impact of this change for the legal profession.
Council decided to invite the following members to serve on the ad-hoc committee, namely, Mrs Teoh Lian Ee, Mr Gurbachan Singh, Ms Kala Anandarajah and Mr Leung Yew Kwong.
Proposal to Change the Format of the Bill of Costs by the Supreme Court
Council decided to appoint Mr Vinodh Coomaraswamy to chair this ad-hoc committee to give the profession’s feedback. Council also agreed that Mr Coomaraswamy as chair would decide on the members to be invited to serve on the ad-hoc committee.
Formation of a Steering Committee to Assist the IBA When Singapore Hosts IBA’s Biennial Conference in 2007
Council agreed to form a steering committee to help the IBA plan for the conference and nominated Mr Yang Ing Loong as chair of the steering committee. Mr Yang would recommend to Council names of members to serve on the committee.
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Guidance of Council Providing Welfare Assistance to Clients On 5 October 2004, Council gave guidance to two law practices that enquired on the extent of welfare assistance they could give their clients whilst they pursued their legal claims. The law practices wished to lend moneys to their clients who were foreign workers on special passes to help them meet their daily living expenses.
Council advised the practices that lending moneys to clients will put a lawyer in a position of personal conflict of interest as the lawyer will have a creditor/debtor relationship with his client and the debt owed in this case would be re-paid only if the client’s case was either settled or paid. Council also advised the practices that if the matter was pending litigation, allegations of maintenance and champerty could be made against the practice.
Law practices should direct clients who are foreign workers to appropriate organisations that can provide welfare assistance to them. |