Singapore Law: B24 EPR PDF

B24 EPR II\. Relationship with the client \(1) Formation of **[Retainer]** **[ Implied retainer:]** Law Society of Singapore v Ahmad Khalis bin Abdul Ghani \[2006\] 4 SLR(R) 308 at \[64\]-\[73\]; **[Factors considered for finding of implied retainer]** c.f. Law Society of Singapore v Lee Suet...

B24 EPR II\. Relationship with the client \(1) Formation of **[Retainer]** **[ Implied retainer:]** Law Society of Singapore v Ahmad Khalis bin Abdul Ghani \[2006\] 4 SLR(R) 308 at \[64\]-\[73\]; **[Factors considered for finding of implied retainer]** c.f. Law Society of Singapore v Lee Suet Fern \[2020\] SGHC 255 at \[57\]-\[69\] PD 7.1.2 - Limitation of Civil Liability; \(2) **[Honesty,]** competence and diligence (Rule 5 PCR) Law Society of Singapore v Ng Bock Hoh Dixon \[2011\] SGHC 242 at \[31\]-\[35\] - **[Consequence for dishonesty is striking off]** Law Society of Singapore v Chia Choon Yang \[2018\] SGHC 174 at \[44\]-\[55\] - **[Dishonesty = Struck off;]** **[Factors considered for striking off]** Law Society of Singapore v Jaya Anil Kumar \[2019\] SGHC 12 at \[4\]-\[7\] - **[inexperience is not an excuse]** - Law Society of Singapore v Yong Wei Kuen Paul \[2020\] SGHC 66 at \[8\]-\[16\] **[Struck off despite not benefitting from deception]** Law Society of Singapore v Mohammed Lutfi bin Hussin \[2022\] SGHC 182 at \[23\], \[33\]-\[34\] - **[The court will not accept that there is a spectrum of dishonesty]** Law Society of Singapore v Ezekiel Peter Latimer \[2024\] SGHC 90 at \[36\]-\[50\] - **[Solicitor cannot depend on others to verify as an excuse]** \(3) **[Confidentiality]** (Rule 6 PCR) Whether information is confidential in nature: Law Society of Singapore v Ravi S/O Madasamy \[2015\] 3 SLR 1187 at \[33\] **[- The information disclosed must be confidential, and if so, client\'s prior consent must be obtained.]** \(4) **[Conflict]**, or potential conflict, between interests of **[2 or more clients]** (**[Rule 20 PCR]**) Preliminary considerations for legal practitioner Scenario 1: Before the lawyer takes on the matter (**[Rule 20(2), (3), (4) and (7)]**) Rule 20 (3)(b) Rule 20 (4) and (6) Scenario 2: When the lawyer is already acting for the relevant parties (**[Rule 20 (5) and (6)]**) **[Exception]** to **[Rule 20]** under **[Rule 20(7)]** Question: Are the interests of the relevant parties adequately protected? Multiple clients Law Society of Singapore v Ezekiel Peter Latimer \[2019\] SGHC 92 - **[unflinching loyalty]** Cases involving **[implied retainers]** and/or the duty to ensure that non-clients are not under impression that legal practitioner is protecting their interests: Law Society of Singapore v Ahmad Khalis bin Abdul Ghani \[2006\] 4 SLR(R) 308 at \[74\] - **[Interest of one client should not be prioritised over other clients]** Law Society of Singapore v Ganesan Krishnan \[2003\] 2 SLR(R) 251 - **[The test is that of acting for a single client applied to each of all clients]** - PD 7.2.5 - Conflict of Interest - Acting **[Against Former Client in Litigation Pertaining to Same Transaction]** \(5) Conflict, or potential conflict, between interests of **[current client]** and **[former client]** (**[Rule 21 PCR]**) Lim Oon Kuin v Rajah & Tann Singapore LLP \[2022\] SGCA 29 - **[There needs to be unqualified perception of fairness in the eyes of the public]** \(6) Conflict, or potential conflict, between interests of client and **[interests of legal practitioner or law practice]**, in general (**[Rule 22 PCR]**) - **[Actual harm to client is not required for this provision to apply]** Law Society of Singapore v Loh Yong Sen Law Society of Singapore v Tan Phuay Khiang \[2007\] 3 SLR(R) 477 - **[Failure to make inquiries]** Ho Kon Kim v Betsy Lim \[2001\] SGHC 75; \[2001\] SGCA 64 at \[63\] - **[Solicitor cannot have personal interest in the case]** Law Society of Singapore v Govindan Balan Nair \[2020\] SGHC 174 **There does NOT need to be any harm actually caused before this provision is contravened** - - \(8) Prohibited **[borrowing]** transactions (**[Rule 23 PCR]**) \(10) **[Gifts]** from client (**[Rule 25 PCR]**) III\. The legal practitioner's role in the administration of justice \(1) **[Conduct of proceedings before court]** or tribunal (Rule 9) Duty to assist in the administration of justice / **[Paramount duty to court]**: - dishonesty, incompetence, failure to **[provide proper and honest evaluation of the client\'s case]** Public Trustee (above), especially at \[30\], \[53\]; - **[duty to the court is first and foremost]** Law Society of Singapore v Chung Ting Fai \[2006\] 4 SLR(R) 587, at \[48\]; **[Solicitior drafted a false affidavit for Exetnsion of time]** Must reasonably in the interests of their clients without **[wasting]** the time by not assessing client\'s case. (**[Rule 5]** and **[Rule 9(1)(e)]**): **[Courtesy]** to the court (**[Rule 13 (3)]**): Does the act **[undermine]** the Court\'s **[authority]** in the eye of the public Not to **[deceive or mislead (Rule 9(2)(a) and (3)(a))]**: Law Society of Singapore v Chung Ting Fai \[2006\] 4 SLR(R) 587; **A solicitor's duty to the court cannot yield to a misguided attempt to assist his client.** Any attempts to do so, even if unsuccessful, **may be censured by the court** Dhanwant Singh \[1996\] 1 SLR(R) 1 - **[Duty for the legal practitioner to uphold the integrity of the judicial process by not abetting with the client to delay or deceive the Court.]** \(2) Responsibility for client's conduct / **[Client\'s gifts / Discovery]** (**[Rule 10]**) Impropriety of the client: Narindar Singh s/o Malagar Singh v Public Prosecutor \[1996\] 3 SLR(R) 318 at \[48\]-\[53\]. **[Imprisoned for obtaining paid confession]** Impact of client\'s instructions on preparation, submissions and presentation of documents (**[Rule 10(3)]**): Wee Soon Kim Anthony v Law Society of Singapore \[1988\] 1 SLR(R) 455; **[there is no legal duty on the part of a solicitor to believe/disbelieve his client's instructions and verify his client's instructions] [unless]** **[he himself has personal knowledge of the matter]**, **[his client's statements are inherently incredible or logically impossible]** Duties in **[discovery/disclosure:]** **[ Duty of Candour]** owed to the Court / **[Duty not to suppress evidence:]** Law Society v de Souza Christopher James \[2023\] SGHC 318 at \[160\]-\[168\] and \[207\], - **[Must consider the nature and purpose of the proceedings, objective assess if a failure to disclose and subjectively intended the non-disclosure.]** read with Attorney-General v Shahira Banu d/o Khaja Moinudeen \[2024\] SGHC 111 at \[1\]-\[2\] and \[32\]-\[37\]. - **[Solicitor cannot be parsimonious (unwilling) with the truth]** \(3) **[Conflict of interest in proceedings before court]** or tribunal (**[Rule 11]**) **[Legal practitioner as witnesses]** \(4) Communications and dealings with **[witnesses]** (**[Rule 12]**) Guiding principles Rule 12(3) Rule 12(5) Rule 12(6) Rule 12(7) Rule 12(8) Witness coaching: Ernest Ferdinand Perez De La Sala v Compania De Navegacion Palomar, SA and others and other appeals \[2018\] SGCA 16 - **[Solicitor should not supplant witness\' testimony]** 1. 2. 3. 4. 5. 6. \(5) Respect for court or tribunal and related responsibilities / **[Solicitor\'s undertaking to the Court]** (**[Rule 13]**) Undertakings to the court: **[Forgery]** of court documents (**[Rule 13(6)]**): Law Society of Singapore v Ng Bock Hoh Dixon \[2010\] 2 SLR 1000; **[Even though the false document was not a court document, it was an important accounting record relating to his law firm's account.]** Rules relating to **[Criminal proceedings]** \(6) Conducting the defence in **[criminal proceedings (Rule 14)]** IV\. Relationship with other legal practitioners and **[other persons]** \(1) Responsibilities of legal practitioners to each other (Rule 7, 27 PCR) **[Rule 7(2) - Allows disputes between the parties to be resolved without unnecessary complications. One can disagree and yet not be disagreeable.]** The duty of courtesy and fairness: The Law Society of Singapore v Terence Tan Bian Chye \[2007\] SGDSC 10 - **[should not threaten other legal practitioners]** Law Society v Ravi s/o Madasamy \[2023\] SGHC 65; - **[The substance of any allegation of misconduct is considered separately from the complainant\'s own conduct]** **[Undertakings]** to other solicitors: **[Rule 7(3)]** -- No communication with represented clients without express approval **[unless not reasonably practicable or severe prejudice to own client]**. **[The rule is a strict one that extends to former clients.]** Rule 7(6) -- **[Lawyer must honour every undertaking given to another lawyer]** Rule 7(7) PCR - must not give an undertaking unless he believes it is necessary and he is certain to honour it; Entrapment to obtain evidence of touting: PD 8.5.5 - **[Obtaining Evidence]** of a Legal Practitioner's Misconduct by **[Entrapment]** or by Illegal or Improper Means; **[Rule 7(2) precurement of evidence via entrapment]** \(2) Entering default judgment (**[Rule 28]** PCR) **[requirement of 2 days prior notice. construe Rule 28 of the PCR 2015 as also being applicable to the entering of judgements in the form of appearance.]** \(3) Allegations against another legal practitioner (**[Rule 29]** PCR), **[unless the respondent lawyer is provided opportunity to respond (Not parties to litigation opportunity).]** \(4) Communication with court (**[Rule 30 PCR and PD para 41]**) \(6) Conduct in relation to other persons (**[Rule 8]** PCR) Duty not to take **[unfair advantage]** of any person (Rule 8(3)(a)) Must not act towards **[any person]** in a **[fraudent]** manner (Rule 8(3)(b)) LOD cannot recover what is not recoverable at law (**[Rule 8(4))]** Previous mediator should not act for subsequent matter (**[Rule 8(6)]**) Abusive language and unruly behaviour: Law Society of Singapore v Seow Theng Beng Samuel \[2022\] SGHC 112 - Test for misconduct: **[For the first element of falling below the required standards of integrity, probity and trustworthiness, the core concern was one of character: did the solicitor in question have a defect of character that rendered him unfit to remain an advocate and solicitor, with all the duties and responsibilities that this entailed? The second element of bringing grave dishonour to the profession spoke to a different concern: in such a scenario, the errant legal practitioner could not be suffered to remain on the roll, and to continue bearing the implicit imprimatur of the profession and the courts.]** Must not commit misconduct in his **[personal capacity]** Law Society of Singapore v Ismail bin Atan \[2017\] SGHC 190;  **[Even in cases that did not involve dishonesty]**, where a solicitor conducted himself in a way that fell below the required standards of integrity, probity and trustworthiness, and brought grave dishonour to the profession, he would be liable to be struck off. V. Supervision of staff, use of titles and executive appointments \(1) Responsibility for staff of law practice (**[Rule 32 PCR]**) Sections 32-36, 77 LPA; s77 LPA - **[assisting unauthroised persons; 12 months; 50K]** GN 3.7.1 -- Supervision of Paralegals Paralegals do fall within the category of "unauthorised persons". Failure to exercise proper supervision: Law Society of Singapore v Yeo Siew Chye Troy \[2019\] SGHC 115; **[Solicitor will be liable for employee who misappropriated \$848,335.09 from 17 clients; ignorance of the law is not an excuse; 4 year suspension]** \(2) Descriptions and **titles** (s**** LPA) - **[Criminal offence]** **[Assisting]** unauthorised persons **[s77 LPA]** **[Consequence]** of breach if s77 LPA; **[50K; 12 months]** Rule 33 - **[prohibition of using occupation \"solicitor\"]** Exceptions to Rule 32 and 33 \"unauthorised persons\" - Rule 35 LPA VI\. Publicity and prohibition against touting \(1) Publicity (Rules 37, 41, 42, 43, 44, 45, 46, 47, 48 and 49 PCR) Rule 41 - **[Permitted Publicity]** Rule 42(3) - General responsibilities relating to publicity; **[obligation to retract]** Rule 43 (b)(ii) - General requirements relating to publicity; **[Success rate]** Rule 44 - Publicity should not be misleading Ruel 48 - Publicity outside Singapore - **[cannot break foreign laws]** \(2) Touting and Referrals (Rules 39 and 40 PCR) Rule 39 - (1) Touting and (2)**[Referal]** Rule 40 - **[Agreement for referrals]** \(3) Prohibited business, trade or calling (**[Rule 38]**) Re An Advocate \[1964\] 1 MLJ 1 VII\. Professional fees and Solicitors' Accounts Rules \(3) Professional fees and costs (**[Rule 17 PCR]**) Fees in contentious matters at the **[beginning]** (**[Rule 17(4) PCR]**) No overcharging (**[s17(7) PCR]**) What constitutes overcharging (**[Rule 17(8) PCR]**) Law Society of Singapore v Syn Kok Kay \[2023\] SGHC 7 Law Society of Singapore v Low Yong Sen \[2009\] 1 SLR(R) 802 - - - Law Society of Singapore v Ang Chin Peng \[2013\] 1 SLR 946 PD 5.2.2 - Non-Refundable Deposit or Retainer; PD 5.2.1 - Fee Arrangements with Clients; PD 5.1.1 - Equity in Lieu of Fees. \(4) Contingency fees prohibited (**[Rule 18 PCR]**) Contingency fees are prohibited (Section 107 LPA); Rule 18 PCR **[Rationale]** behind s107 LPA and Rule 18 PCR