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FEATURE |
On 1 January 2006, changes to the Rules of Court (Cap 322, R 5, 2004 Rev Ed) were made to simplify the modes of commencement of proceedings. With the changes, the previous four types of originating actions: writ of summons, originating summons, originating motion and petition, were reduced to two, namely, the writ of summons, and the originating summons. Pursuant to the amendments, this article specifically addresses the key changes to the procedure for applications for admission as advocate and solicitor. It should be noted that this article deals solely with the procedure for applications made by qualified persons as defined by s 11(1)(a) of the Legal Profession Act (Cap 161, 2001 Rev Ed).
The previous mode of applying by way of petition to court to be admitted as an advocate and solicitor of the Supreme Court has been abolished as a result of the changes. Hence, as of 1 January 2006, all applications to court for admission as an advocate and solicitor of the Supreme Court are to be made by way of originating summons.
All petitions for admission as an advocate and solicitor of the Supreme Court that were filed before 1 January 2006 will not be converted to originating summonses or summonses. This is in accordance with s 82 of the Supreme Court of Judicature Act (Cap 322). While this provision empowers the court to convert any pending action to a writ of summons, an originating summons or summons, the court has yet to exercise this power with respect to pending petitions for admission as an advocate and solicitor.
Relevant Changes to Legislation
This section addresses the specific changes to relevant legislation dealing with the procedure for applying for admission as an advocate and solicitor.
The Rules of Court have been amended to reflect the fact that from 1 January 2006, there are only two modes of commencement – the writ of summons and the originating summons. Order 1, rule 4 therefore defines ‘originating process’ to refer only to these two modes of commencement. Order 9, which deals with petitions, has been deleted. Generally, the petition has been replaced by the originating summons as a mode of commencement.
In respect of petitions for admission as an advocate and solicitor, the Legal Profession Act and Legal Profession Rules (Cap 161, R 3) have been amended to reflect this change. In particular, ss 17 to 20 of the Legal Profession Act, and rr 11, 12, 13, 15 and the Schedule to the Legal Profession Rules, have been amended. The changes mainly address the change in the mode of commencement, the forms to the schedule and the requirement of one less affidavit to be filed in support of the originating summons. These changes do not affect the substantive requirements for admission.
Mode of Commencing Applications and Procedure for Admission as Advocate and Solicitor
Filing of originating summons
With effect from 1 January 2006, applicants seeking admission as an advocate and solicitor of the Supreme Court should file an originating summons in accordance with Form 5 of Appendix A to the Rules of Court at the Supreme Court Registry via the Electronic Filing Service (‘EFS’).1 A sample of this form can be found at Annex A.2 Previously, applicants who filed their petitions for admission had to file an affidavit verifying the petition (the old Form E) at the same time together with the petition. This requirement has been removed with the change of mode of commencement. However, an affidavit in support of the originating summons must still be filed at least 12 days before the hearing of the petition, as was the case under the previous procedure. The originating summons will not specify the date of hearing. Under the space for ‘date/time’, the phrase ‘on a date to be fixed by the Court’ will be inserted by the Supreme Court Registry. The court will notify the applicant of the hearing date after the supporting affidavit is filed.
Together with the originating summons for admission as an advocate and solicitor, a notice in accordance with Form B of the Schedule to the Legal Profession Rules must be submitted to the Supreme Court Registry. This notice, which gives notice to the public that the applicant is seeking admission as an advocate and solicitor of the Supreme Court, has to be posted on the notice board of the Supreme Court for at least six months prior to the hearing of the originating summons for admission. A letter from the Board of Legal Education approving the pupillage arrangements of the applicant should also be filed with the Supreme Court Registry along with the originating summons.3 The originating summons should then be served on the Attorney-General, the Board of Legal Education and the Law Society within five days after being filed.
Registrar’s certificate
After a minimum period of six months4 following the posting of the notice of application on the notice board of the Supreme Court, the applicant must extract a Registrar’s Certificate stating that no caveat has been lodged against the application. Applicants may refer to paragraph 131 and Form 31 of the Supreme Court’s Practice Directions (2006 Ed) for more information on filing the Registrar’s Certificate.
Supporting affidavit
The applicant who has fulfilled all the requirements to be admitted as an advocate and solicitor should then file an affidavit in support of his originating summons. This affidavit has to be filed at least 12 days before the hearing of the originating summons: s 17(3) of the Legal Profession Act. The affidavit, like the originating summons, should be served on the Attorney-General, the Board of Legal Education and the Law Society within five days of being filed. Where the applicant is unable to file the supporting affidavit within the stipulated time, he should apply for an abridgment of time by way of summons. Paragraph 131 of the Supreme Court Practice Directions provides that the application for abridgment will be heard together with the hearing of the application for admission as advocate and solicitor.5 It also advises applicants to ascertain from the Attorney-General, the Law Society and the Board of Legal Education whether any objections to the abridgment will be raised.
Form C of the Legal Profession Rules sets out the information to be inserted into the affidavit. In essence, the supporting facts which used to be found in the petition as well as the previous Form E (supporting affidavit) have been amalgamated into one affidavit.
A sample affidavit is found at Annex B. The affidavit should contain the following exhibits:
1 certificate by the Board of Legal Education (Form F of the Legal Profession Rules);
2 certificate of diligence signed by the applicant’s master (Form E of the Legal Profession Rules); and
3 two recent certificates of good character (Form D of the Legal Profession Rules).
Apart from nomenclature changes, there are no major amendments to the forms for the above exhibits.
Payment of prescribed fee
According to a recent amendment to paragraph 131 of the Supreme Court Practice Directions, a Request to pay the prescribed fee of $100 for the instrument of admission should be filed together with the supporting affidavit. This affidavit, together with true copies of exhibits, should then be served on the Attorney-General, the Board of Legal Education and the Law Society within five days of the document being filed.
Declaration
At least seven days prior to the hearing of the originating summons, the applicant is required to file a declaration according to s 24(2) of the Legal Profession Act. The form of this declaration is prescribed in Form 32 of the Appendix A, Supreme Court Practice Directions.
To facilitate smooth processing of applications, applicants may file all four documents – Registrar’s Certificate, supporting affidavit, Request for Instrument of Admission and the declaration – together. The court will then notify the applicant of the hearing date of the originating summons.
Amendments to application
Any errors in the originating summons or notice that has already been filed should be corrected through a summons application to amend the document under O 20 of the Rules of Court. The consent of the Attorney-General, the Board of Legal Education and the Law Society should be obtained before any such application is made. As in any application to amend, the proposed amendments to the document have to be annexed to the summons and the amendments are to be underlined or deleted in ‘strikethrough’ mode. The amended documents should then be filed and served on the relevant parties after the court grants approval to amend.
The Hearing
According to s 23(1) of the Legal Profession Act, applications for admission as advocate and solicitor are heard on the second Wednesday of every month unless ordered otherwise by the Chief Justice. A ‘mass call’ is usually held once a year, on a Saturday. A Registrar’s Circular has been issued to notify applicants of this date in 2006.
Applicants are to personally collect their instruments of admission from the Legal Registry after five days and within one month of the hearing of the originating summons.6
For ease of reference, a table and flow chart at Annex C are provided to summarise this write-up. Readers should also refer to the amended Legal Profession Act and the Legal Profession Rules, as well as the Supreme Court Practice Directions (2006 Ed). These materials may be accessed at the Supreme Court’s website at http://www.supremecourt.gov.sg. Readers who wish to obtain a complete set of forms required for application for admission as advocate and solicitor may purchase them from the Board of Legal Education.
Assistant Registrar Sharon Lim
Assistant Registrar Dorcas Quek
Supreme Court
Annex A
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
O.S. No. )
of 20 )
In the Matter of the Legal Profession Act (Cap. 161)
AND
In the Matter of * ABC (NRIC No. S 1111111A)
Applicant
ORIGINATING SUMMONS
Let all
parties concerned attend before the Judge on
______________________________________ [date/time], on the hearing of an
application by the applicant that he/she be admitted as an advocate and
solicitor of the Supreme Court by virtue of section ** 11(1)(a) / ** 11(1)(b)
of the Legal Profession Act.
Dated this 1st day of April 2006.
Registrar.
* Name of applicant
** Delete if inapplicable
Annex B
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
O.S. No. )
of 20 )
In the Matter of the Legal Profession Act (Cap. 161)
AND
In the Matter of a ABC (NRIC No. S 1111111A)
Applicant
AFFIDAVIT
I,
a ABC of b 123,
Legal
Lane, Singapore 111111, Singapore make oath/*affirm and say as follows:
1. I have attained the age of 21 years and am a –
†
citizen/permanent resident of
Singapore
†
citizen of c ……………………………...
2. I am a qualified person as defined in section 2(1) of the Legal Profession Act (Cap. 161) (the Act) and was conferred the degree of d Bachelor of Laws by e the National University of Singapore on f 15 May 2003.
3. I have attended the course(s) of instructions, passed the examination(s) and kept the dining terms as required under the Act.
4. I have for not less than six months served as a pupil under g Mr DEF.
5. Annexed hereto and marked “A” is the certificate signed by the Secretary of the Board of Legal Education certifying that I am a qualified person and that I have satisfactorily –
(i) attended the requisite course(s) of instruction and passed the requisite examination(s);
(ii) kept the dining terms; and
(iii) served the prescribed period of pupillage, as required under the provisions of the Act.
6. Annexed hereto and marked “B” is the certificate of diligence of my master.
7. I –
(a) have never been adjudged a bankrupt in Singapore or elsewhere;
(b) have not been and am not the subject of any proceedings, whether concluded or pending, for professional misconduct on my part in any other foreign jurisdiction in which I have been admitted to practise as an advocate and solicitor;
(c) have not been the subject of any order, judgment, finding or conviction arising from any criminal proceedings brought against me, and am not the subject of any pending criminal proceedings in Singapore or elsewhere; and
(d) have
no knowledge of any fact that affects my suitability to practise as an advocate
and solicitor in
Singapore
or elsewhere. *except the following:
h.....................................................................................................................
8. Annexed hereto and marked “C” are 2 recent certificates confirming my good character.
*Sworn/*Affirmed
at
Singapore )
this 10th day of November 2006 )
Before me,
...........................................................
A Commissioner for Oaths.
______________________________
a Name of applicant.
b Residential address of applicant.
c State country other than Singapore.
d State ‘Bachelor of Laws’ or other name by which degree is known.
e State name of university.
f State date of conferment of degree as in degree scroll.
g Name of master.
h State the necessary particulars.
* Delete if applicable.
† Strike out if inapplicable.
Notes
1 According to paragraph 131 of the Supreme Court Practice Directions (2006 Ed), this can be filed either through a law firm Front End System or through the EFS Service Bureau located at Supreme Court, Level one.
2 Note that the forms provided at the annexes are merely sample forms. Applicants should refer to the relevant legislation when drafting their own applications.
3 This
letter is issued pursuant to s 14 of the Legal Profession Act.
4 Note that the minimum period of six months may not be abridged.
5 Paragraph 131(2) of the Supreme Court Practice Directions should be fulfilled before any application for abridgment may be made. This sub-paragraph states that the Registry will only fix an application for admission as advocate and solicitor for hearing if the applicant is able to file and serve his affidavit on the Attorney-General, the Law Society and the Board of Legal Education seven days before the date of hearing.
6 This information will be annotated on the Request for Instrument of Admission and returned to the applicant.