Council Update

14 April 2005

Media Protocol of Council

Council agreed to review its present media protocol which was drafted in 2000. Council noted that it was essential that the Society respond to the media in a timely and accurate manner.

Moving Forward on the Liberalisation of Ethics
Council deliberated on the oral and written feedback received from members and law practices on the report on the liberalisation of ethics and decided on the following:

(a) abolition of the Naming of Law Firms Rules;

(b) abolition of r 10 of the Publicity Rules 1998;

(c) abolition of r 11 of the Professional Conduct Rules (‘Rules’);

(d) amendment of r 31 of the Rules to reflect the common law position on acting against a former client; and

(e) enact a rule to allow for the payment of referral of fees between Singapore law practices and foreign law practices and between Singapore law practices.

First Status Report on Amendments to the Society’s Practice Rules to Meet Financial Action Task Force (‘FATF’) Obligations

The CEO advised Council on the status of the work of the ad-hoc committee which was drafting rule changes to meet FATF recommendations to combat money laundering. The Society has been advised that aside from FATF recommendations, the FATF’s methodology had to be adopted in the Society’s rules of practice. The CEO also advised Council that the FATF recommendations protected solicitor-client privilege which was entrenched in Recommendation 16. The ad-hoc committee would work with the Ministry of Law and the AGC to draft relevant rules.

First Status Report on the Locum Practising Certificate (‘PC’) Scheme

Council was advised that as of 14 April 2005 two applications for a locum PC had been received.

Third Status Report on Limited Liability Partnership (‘LLP’)

Council was informed that the Practice Structures Committee (‘Committee’) had formed three sub-committees to study issues which would affect the conversion of law practices to LLPs. The sub-committees comprised the Income Tax and Stamp Duty sub-committee, the Incidental and Other Conversion Costs sub-committee and the Handbook and Rules on LLPs sub-committee.

The sub-committees would present draft papers and the committees would meet with the CEO to work on the final drafts in the next two months.

Fourth Status Report to Commemorate the 20th Anniversary of the Criminal Legal Aid Scheme (‘CLAS’)

Council approved the organising committee inviting various embassies of countries whose citizens obtained legal aid support from CLAS to purchase donation tables for the dinner to be held on 3 September 2005. Council also approved the guest list for the dinner which included CLAS volunteers who had accepted most assignments since the inception of the scheme in 1985 .

CLASNews

The CLAS Committee proposed the publication of articles or commentaries on criminal law and practice and completed CLAS assignments in The Singapore Law Gazette instead of publishing a separate law journal to replace CLASNews. Council approved the recommendation.

Designs for the New Supreme Court Bar Room

Council was advised that two designs had been received and a third was pending. The budget for the renovations was approved by Council last year at $50,000.

Bench and Bar Games 2005

Council was advised that to date $17,000 in donations had been received from members and the Judiciary, which was $3,000 short of the budget set by the Sports Committee. Council was advised of Cycle & Carriage’s generous sponsorship of $10,000 for 
the Games.

The Presidents of Law Associations of Asia (‘POLA’) Conference in 2006

Singapore would host this conference in 2006. The President suggested an ad-hoc organising committee be appointed to plan the Conference, comprising practitioners and Council members. Council decided to invite the following members to serve on the committee which would be chaired by the President, namely Mr Leo Cheng Suan, Mr Tan Siah Yong, Mr Francis Xavier, Mr Anand Nalachandran, Mr Chandra Mohan Nair , Mr V K Rajan and 
Mr Andre Arul.

6 May 2005

Moving Forward on the Liberalisation of Ethics

Council agreed to invite Mr Chim Hou Yan, Mr Michael Hwang SC and two other members of the Ethics Committee, Mr Sivakumar Murugaiyan and Mr Young Chee Foong to work on the necessary amendments to give effect to Council’s decisions to liberalise the rules of ethics of the profession. Council also agreed that the deliberations of Council be published for members’ information in eJus News and this was done on 24 May 2005.

Third Status Report on Limited Law Liability Partnership (‘LLP’) for Law Practices

The CEO informed Council that the Practice Structures 
Committee would decide on amendments to the Legal Profession Act (Cap 161) to enable law practices to form LLPs at its next meeting on 26 May 2005 and thereafter give its views to Council.

Amendment to Rules 4 and 5 of the Professional Conduct Rules and Rule 2 of the Publicity Rules

Council agreed that a locum solicitor who qualified as a consultant should be called Consultant (Locum solicitor) in order to avoid confusion with the title of a lawyer in full time practice as a consultant in a law practice.

Council agreed to work with the Attorney-General Chambers to amend rr 4 and 5 and r 2 of the above Rules.

Feedback from Members at the Society’s Dialogue Session on the Effectiveness of Amendments to the Solicitors’ Accounts Rules

The President advised Council that 16 members attended the dialogue session. The members present at the dialogue saw no reason to make further amendments to the Solicitors’ Accounts Rules. Council concurred with this view.

Status Report on the Voluntary Medical Insurance Scheme

Mr Sivakumar Murugaiyan who is chairman of the Social and Welfare Committee appeared before Council. He advised Council that at the last Annual General Meeting members were advised of two possible schemes, a mandatory or voluntary scheme. The Social and Welfare Committee had decided to recommend to Council a voluntary scheme where members will obtain discounts through a pool basis. The benefits of this voluntary scheme was that it provided cover over and above any existing coverage a member already had for a competitive price and the cover could also be upgraded.

Council agreed to appoint the insurance broker recommended by the Social and Welfare Committee which was chosen after a tender exercise. Marketing sessions on this scheme would be confined to events held at the Society, including seminars for interested members.

The Future of the Building Levy

Ms Malathi Das advised Council of the terms of the draft e-survey which put forth three options to members. Council agreed to undertake the survey with practitioner members. The survey results would help Council make a recommendation to the members on the future of the levy at this year’s Annual General Meeting.

Review of the Law Society’s Media Protocol

Council decided to maintain the current procedure for the secretariat’s Director of Communications and in his absence, the CEO, to act as the news filter for media queries and for media responses to be approved by the President and Vice Presidents.

Council, however, revised the protocol to allow a Council member or a committee chairperson to give an interview to the media with the prior approval of the President and in his absence, one of the Vice Presidents.

Council accepted that the revised media protocol take immediate effect.

Feedback from the Small Firms Committee

Deduction of bank charges

Mr Chia Boon Teck as chairman of the Small Firms Committee reported that this issue was raised at a meeting of the committee, namely if a minimum amount was not maintained in the client account of a bank, the bank would levy an administrative charge which was deducted from the client account. Council noted that this would be a breach of the Solicitors’ Accounts Rules.

Council agreed to write to the Association of Banks in 
Singapore to seek a change of this practice and to allow for any administrative charges to be deducted from the office 
account of the law practice.

References to the Solicitors’ Accounts Rules

Council agreed to refer to the Solicitors’ Accounts Rules Committee the issue if Rules could be amended to allow costs and disbursements to be paid to the office account.

NUS law library membership fees

The President was requested to raise with the Dean of the Law Faculty the request to reduce the library membership fees for non-NUS law graduates.

LAWASIA’s Children and the Law Conference

Ms Malathi Das advised Council that to date, 118 delegates had registered for the regional Conference to be hosted by the Law Society on 27 and 28 May 2005.

Renovation Works for the Maintenance and Repair of the Law Society’s Premises

Ms Malathi Das informed Council that the maintenance and painting work would commence from 1 June 2005 and would continue for one month.

Legal Clinic and a Pro-bono Society at NUS Law School

Ms Jacintha Thannimalai as co-chair of the Young Lawyers Committee reported that she would arrange a meeting with representatives from NUS together with the President and Mr Anand Nalachandran, the other co-chair of the committee, to discuss the above topics.