Source : The Straits Times, Dec 7, 2007
THE Law Society welcomed the measures to strengthen the legal services sector recommended by the committee chaired by Justice V.K. Rajah, but raised some concerns too.
It is clearly concerned about the proposal to change the way complaints against lawyers will be dealt with by a single-person disciplinary tribunal instead of the current four-person disciplinary committee.
Although the proposal is that the person comprising the tribunal should be someone highly qualified, like a senior counsel, retired judge or ex-judicial commissioner, the society feels this idea needs relooking.
It pointed out that in most jurisdictions, a lawyer facing complaints is judged by a panel ‘made up of three of his peers’.
Its suggestion: Go for a three-member disciplinary committee. It suggested dropping the fourth member in the current system, a layman.
In a statement released yesterday, the society said its council would study the proposals in more detail and would be happy to work with the Law Ministry and other agencies to develop and implement the proposals.
Among other things, it lauded the emphasis on work-life balance and community service by lawyers as being important for the long-term future and development of the profession.
It also noted that the move to open up the practice of Singapore law to foreign law firms through partners or associates qualified in Singapore law showed a ‘quickening of the pace of liberalisation here’.
But it expressed concern that such Singapore-qualified lawyers need be registered only with the Attorney-General and will not be regulated by the Law Society.
‘The society’s position is that any lawyer practising Singapore law must be a member of and regulated by the Law Society.’
It noted that such an arrangement applied in Hong Kong and England and Wales.
It said the Hong Kong Law Society regulates all lawyers practising Hong Kong law there, including those practising with non-Hong Kong law firms. It called for a similar position here.
‘The society should regulate and have as its members all lawyers practising Singapore law in Singapore even if they do so in a non-Singapore law practice.’
It welcomed the statement by Deputy Prime Minister S. Jayakumar that it would have joint disciplinary jurisdiction together with the Attorney-General over such lawyers, who are practising Singapore law and who will be required to hold practising certificates.
Elsewhere, the society said it also wants to play a major role in managing the proposed Institute of Legal Education.
‘It is the society which represents the interests of the practising profession and which knows the practice landscape best.’
K.C. VIJAYAN
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