Lawyers in Singapore – How They Differ From Common Law
The five thousand lawyers in Singapore are part of a profession able to act as solicitor and advocate unlike those in other Commonwealth countries where the roles are split into one or the other. There are some similar features to lawyers practicing, including the concept of Senior Solicitors. However, one can still cross-practice which in most other Commonwealth counties is not allowed.
All domestic lawyers are regulated under the Law Society of Singapore which is like the Bar Association, no matter what they specialize in. The Law Society controls who can practice, of those who are native (The Attorney-General regulates foreign lawyers), provides low cost or free legal help to those who qualify and regulates how lawyers can advertise.
Typically a lawyer will chose litigation, conveyancing, or corporate law to focus on even though in theory they continue to have the right to practice outside of their focus. All lawyers in Singapore possess the right to appear before any court of justice in the Singapore. This is a contrast to other Commonwealth countries where a lawyer may be limited to appear in certain areas or cases only.
All foreign lawyers must register with the Attorney-General. Once registered, they may practice along side domestic lawyers. These individuals used to be limited to corporate law but in recent years some have gotten permission to practice domestic law as well. Most of these practice as part of a partnership of some kind.
Lawyers may serve in the Singapore Legal Service in the courts and Attorney-General’s Chambers. There are also positions withing the various legal departments of the government ministries and various boards. All positions that are part of the Singapore Legal Service must be filled by lawyers. About ten percent of all lawyers in Singapore are employed this way.
Certain lawyers in Singapore are highly specialized. These individuals may be appointed as Senior Counsel. This step was instituted to remove dependency upon Queen’s Counsel imported from England by allowing the best lawyers to function in those roles. This has been a mixed situation with some senior lawyers expressing concern that it may eventually split the profession.
Senior Counsel is appointed by a committee of the Chief Justice, the Attorney-General, and the Judges of Appeal. Lawyers with more then ten years experience can apply to be advocates, solicitors, Legal Service Officers, or both. Senior Counsel rank just under the Attorney-General and the Solicitor-General according to seniority of appointment.
Lawyers in Singapore who have practiced over ten years may take or use the title of consultant. Often retired partners and judges practice as consultants to various law firms. These individuals continue to practice in their specialty while retired.
Types And Means Of Law Firms In Singapore
There are about nine hundred law firms in Singapore and around five thousand lawyers. This is where 90% of the top international law firms practice. These firms, if domestic, are regulated by the Law Society of Singapore. Foreign law firms fall under the regulation of the Attorney-General’s Chamber’s Legal Profession (International Services) Secretariat.
There are several ways you can group domestic law firms. These are general partnerships, limited liability partnerships, and limited law corporations. To make matters more complex one may find group law practices, joint law ventures, and formal law alliances.
The general partnership law firms employing legal assistants as well as salaried workers and are owned by the partners. Singapore only allows general partnerships after three years of practicing law.
Law partnerships with limited liabilities (LLP) as law firms are a new business model. The overall structure is similar to a general partnership it represents a change in how the business is viewed. An LLP is seen as a unique legal entity apart from that of the partners who own it. Meaning that only the contribution to the property made to the LLP can be held liable, this relives the partner from any personal liabilities. The LLP is responsible for the negligence of it’s employees, not the partners. Otherwise known as third party. Lawyers have restrictions similar to those of LLCs. They do not actually retain personal liability due to professional negligence.
Limited Law Corporations (LLC) as law firms are exempt private limited companies incorporated under the Companies Act. In a LLC the shareholders have liabilities limited to the share contributions. The responsibility for the actions of negligent employees is not placed on directors or shareholders. Personal liabilities for professional negligence is still retained by lawyers. {Directors can be subjected to disciplinary proceedings under the Legal
Profession Act if it is deemed that the business overall acts in a dishonest manner and the individual responsible cannot be identified.|Under the Legal Profession Act, even the Directors can be subjected to disciplinary proceedings if the business overall acts in a dishonest manner and the individual responsible cannot be identified.|The Legal Profession Act can be used to discipline directors if it looks like the business has acted dishonestly and if no one can be blamed.} When it comes to everything else, LLC is required to operate as if it were a single lawyer.