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NEWS |
Prerequisites for Practising as a Sole Proprietor, Partner or Director of a Singapore Law Practice
A solicitor who intends to practise as a sole proprietor, partner or director
of a Singapore law practice must first complete the Society's Legal Practice
Management Course ("LPMC"). This requirement to complete the LPMC
is pursuant to s 75C (1) (a) Legal Profession Act which provides as follows:
| No solicitor may practise in
a Singapore law practice as a solicitor on his own account or in partnership
(whether in a law firm or a limited liability law partnership) or as a
director of a law corporation unless he - |
|
| (a) has successfully completed
such legal practice management course within such time as the Council
may by rules made under section 71 prescribe |
Following the Society's queries, the Attorney-General's
Chambers had clarified that the terms "director" and "in
partnership" in s 75C Legal Profession Act encompass all solicitors
held out by their law practice to the public as persons who have, or may have,
managerial responsibilities. Thus, the term "director" would include
all persons with the designation of "director", such as "associate
director", "senior associate director", "executive director",
"managing director", or simply "director". The term "in
partnership" would encompass any person held out to the public to be
a partner of the law practice, including an equity, salaried or associate
partner.
Pursuant to r 6 Legal Profession (Legal Practice Management Course) Rules,
a solicitor may commence practice as sole proprietor, partner or director
prior to completion of the LPMC provided that he has sought and obtained the
written consent of the Council to do so. To obtain the written consent of
the Council, the solicitor must submit to the Society, a written undertaking,
on or before the date of commencement of such practice, to attend and successfully
complete the LPMC within one year from the date of commencement of such practice.
The form of the written undertaking can be downloaded from the Society's website
at www.lawsociety.org.sg under the "Continuing Professional Development"
section.
Pursuant to s 75C (5) Legal Profession Act, a breach of these requirements constitutes an offence, upon conviction of which the solicitor is liable to a fine not exceeding $10,000. The requirements of s 75C Legal Profession Act do not apply to a solicitor who has been a sole proprietor, partner or director of a Singapore law practice before 9 March 2007.
In addition to completing the LPMC, a solicitor admitted on/after 1 March 1997 must also fulfill the following requirement:| 1. | Since being admitted as a solicitor,
he has been employed in a Singapore law practice for not less than three
continuous years or three years out of a continuous period of five years;
or |
| 2. | He has been employed as a legal officer for not less than three continuous years or three years out of a continuous period of five years. |
A solicitor who is required to complete the LPMC or fulfill the prerequisite three-year employment period may apply to the Council for an exemption from the LPMC or to shorten the three- year employment period. Pursuant to s 75C(2) Legal Profession Act, the Council may, with the approval of the Minister for Law, exempt a solicitor from the LPMC or shorten the three-year employment period if it is satisfied that the solicitor has gained substantial experience in law in Singapore or elsewhere.
For queries or details on the next LPMC, please contact the Society's Continuing Professional Development Department at Tel: 6530 0230/239 or e-mail cpd@lawsoc.org.sg
Kenneth Goh
Director, Compliance Department
The Law Society of Singapore