Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Sol's Liability

Sol's Liability

Ratings: (0)|Views: 331|Likes:
Published by api-3803117

More info:

Published by: api-3803117 on Oct 17, 2008
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

05/09/2014

pdf

text

original

SECTION 11 \u2013 THE SOLICITOR\u2019S LIABILITY
11.1 As an Officer of the Court
1) a solicitor may nevertheless be summarily ordered to make good a loss caused by his neglect or breach
of duty: Marsh v. Joseph [1987] 1 Ch 213 at p. 245
2) or with a view to securing honesty in the conduct of officers of the court, to perform certain

undertakings: United Mining and Finance Corporation Ltd. V. Becher [1910] 2 KB 294 at p. 304
3) or to pay over monies to his client: Re A Solicitor, Ex parte Hales [1907] 2 KB 539 p. 544
-

or to pay costs: Brendon v. Spiro (supra)
-
or he may be suspended or have his name struck off the roll for misconduct: Re Gregg, Re Prance
[1869] LR 9 Eq p.141
11.2 Contempt of Court
-
Criminal Contempt
\u2022
For instance, he insolently defies a judge in open court or uses improper language to a judge
-
Procedural/Civil Contempt
\u2022
For instance, where he fails to perform an undertaking given by him
11.3 Undertakings
-
undertaking may be enforced summarily upon application to the court
-
it must be shown that the undertaking is given by the solicitor personally, and not merely as agent on
behalf of his client;
-
the undertaking must also be given by the solicitor
-
immaterial that no misconduct on the part of the solicitor is suggested
-
solicitor cannot withdraw from his undertaking save by consent
-
Re a Solicitor [1932] 1 MLJ 177
-
Seah Choon Chye v. Saraswathy Devi [1971] 1 MLJ 112
11.4 Liability for Costs
1. Court can, under Order 59, Rule 8 of the Rules of Court, summarily visit him with costs occasioned by
his misconduct, negligence or default
Personal liability of solicitor for costs (O. 59, r. 8)
8. \u2014(1) Subject to this Rule, where it appears to the Court that costs have been incurred unreasonably or

improperly in any proceedings or have been wasted by failure to conduct proceedings with reasonable
competence and expedition, the Court may make against any solicitor whom it considers to be
responsible (whether personally or through an employee or agent) an order \u2014
(a) disallowing the costs as between the solicitor and his client; and
(b) directing the solicitor to repay to his client costs which the client has been ordered to pay to other
parties to the proceedings; or
(c) directing the solicitor personally to indemnify such other parties against costs payable by them.
(2) No order under this Rule shall be made against a solicitor unless he has been given a reasonable
opportunity to appear before the Court and show cause why the order should not be made, except where
any proceedings in Court or in Chambers cannot conveniently proceed, and fails or is adjourned without
useful progress being made \u2014
(a) because of the failure of the solicitor to attend in person or by a proper representative; or
(b) because of the failure of the solicitor to deliver any document for the use of the Court which ought to
have been delivered or to be prepared with any proper evidence or account or otherwise to proceed.
(3) Before making an order under this Rule, the Court may, if it thinks fit, refer the matter (except in the
case of undue delay in the drawing up of, or in any proceedings under, any order or judgment as to which
the Registrar has reported to the Court) to the Registrar for inquiry and report and direct the solicitor in
the first place to show cause before him.
(4) The Court may, if it thinks fit, direct or authorise the Attorney-General to attend and take part in any
proceedings or inquiry under this Rule, and may make such order as it thinks fit as to the payment of his
costs.
(5) The Court may direct that notice of any proceedings or order against a solicitor under this Rule shall
be given to his client in such manner as may be specified in the direction.
(6) Where in any proceedings before the Registrar on taxation the solicitor representing any party is guilty
of neglect or delay or puts any other party to any unnecessary expense in relation to those proceedings,

the Registrar may direct the solicitor to pay costs personally to any of the parties to those proceedings;
and where any solicitor fails to leave his bill of costs for taxation within the time fixed by an order of
Court or otherwise delays or impedes the taxation, then, unless the Registrar otherwise directs, the
solicitor shall not be allowed the fees to which he would otherwise be entitled for drawing his bill of costs
and for attending the taxation.
(7) On the taxation of any bill of costs, if one-half or more of the total amount of the bill is taxed off, the
Registrar shall have the power to make one or both of the following orders:
(a) that the solicitor who presented the bill be disallowed the costs for the work done for and in the
taxation of costs;
(b) that the solicitor who presented the bill \u2014
(i) stamp the bill with the whole of the amount of fees which would be payable if the bill was allowed by
the Registrar at the full amount thereof;
(ii) be entitled to be reimbursed by the paying party (in the case of a bill between party and party) or his
client (in the case of a bill between the solicitor and his client) only the amount of fees payable on the
amount allowed on taxation;
(iii) pay personally the difference between the amounts of fees mentioned in sub-paragraphs (i) and (ii)
above; and
(iv) pay personally the fee payable for the Registrar\u2019s Certificate.
(8) Where the Registrar makes one or both of the orders under paragraph (7), he shall make a note to that
effect on the bill of costs and the order(s) shall be included in the Registrar\u2019s Certificate.
-

Pay either to a third party or by way of indemnity to his own client

2. Court may make an order (against a solicitor whom it considers to be responsible whether personally or through a servant or agent) disallowing the costs and directing the solicitor to personally indemnify the other parties

-
required to pay costs if their conduct has been inexcusable and merits reproof and/or amounts to a
serious dereliction of duty: Re Dunstan [2000] 155:2 Federal Law Reports 189
-
Sushma Lal v. Secretary of State for the Home Department [1992] Imm. AR 303 CA
11.5 Liability for Loss
-
liability can be summarily enforced at the instance of any party damnified, with such liability being
limited to the loss actually arising from the negligence or breach of duty
-
where a fund in court is paid out to the wrong person, the solicitor who acted on behalf of the recipient
is liable to replace the fund if he knows or ought to have known the true state of facts
-
Re Danger\u2019s Trusts [1889] 41 Ch D 178
\ue000Professional liability of law corporation employee:

\ue001S. 81F(2)
\ue001S. 81D(4)
\ue001Any solicitor who provides legal services as a director or employee of a law corporation would still be

liable for his own misconduct or negligence in the provision of legal services through that law
corporation: s. 81F(1)
Professional misconduct
81F. \u2014(1) An act or omission of a solicitor may constitute unsatisfactory professional
conduct or professional misconduct even though it is only done or occurs while the solicitor
provides legal services through a law corporation.
[4/2000]

(2) The directors of the law corporation who are solicitors shall be jointly liable to
disciplinary proceedings under this Act if the business of the law corporation is conducted
in a manner unbefitting an honourable profession and where such conduct cannot be
attributed to the act or omission of a particular solicitor or solicitors whose identity is
known.

Effect of company becoming law corporation
81D. \u2014(4) The mere fact that a solicitor personally provides legal services as a director or
an employee of a law corporation shall not affect the personal liability of that solicitor at
law.
Part IXA: Foreign Law Firms, Joint Law Ventures and Formal Law Alliances
\ue000Joint Collaboration:
\ue0012 different arrangements which may be entered by a foreign law firm (s. 130A defines a \u201cforeign law

firm\u201d \u2013 "foreign law firm" means a foreign law firm with an office or a place of business in Singapore which provides legal services in any foreign law in Singapore or elsewhere and includes a corporation duly constituted for the purpose of practising law)

\ue001Joint Law Venture (\u201cJLV\u201d) and the Formal Law Alliance (\u201cFLA\u201d)
\ue001JLV and FLA must be registered pursuant to the Act, on such terms and conditions and for such period
as the Attorney-General may think fit
\ue001Attorney-General may refuse to approve an application without assigning any reason (s. 130B(4) &
130D(4))
Joint Law Venture
130B. \u2014(1) The Attorney-General may, after consulting such authorities as may be

prescribed, approve an application by a foreign law firm jointly made with a Singapore law
firm to be registered as a Joint Law Venture on such terms and conditions and for such
period as the Attorney-General may think fit.
(4) The Attorney-General may refuse to approve an application under subsection (1)
without assigning any reason.

Formal Law Alliance
130D. \u2014(1) The Attorney-General may, after consulting such authorities as may be

prescribed, approve an application by a foreign law firm jointly made with a Singapore law
firm to be registered as a Formal Law Alliance on such terms and conditions and for such
period as the Attorney-General may think fit.
(4) The Attorney-General may refuse an application under subsection (1) without assigning
any reason.

\ue000Professional Conduct:
\ue001S. 130E: a foreign lawyer practicing Singapore law in a JLV must comply with the Rules relating to
professional conduct, ethics and accounts
Professional conduct, ethics and accounts
130E. \u2014(1) A foreign lawyer practising Singapore law in a Joint Law Venture shall comply

with such rules relating to professional conduct or ethics as may be prescribed in rules
made under section 130J unless the Attorney-General, in his discretion, exempts the foreign
lawyer from such compliance.

[4/2000]
(2) Sections 72 and 73 and any rules made thereunder shall apply, with such modifications
as may be prescribed, to a Joint Law Venture in respect of the practice of Singapore law.
[4/2000]

(3) Where a Joint Law Venture has submitted an accountant\u2019s report in compliance with
section 73 as applied to it by subsection (2), the Singapore law firm which constitutes part
of the Joint Law Venture shall not be required to submit another accountant\u2019s report under
that section.

[4/2000]
(4) Solicitor-client privilege exists between a Joint Law Venture or a Formal Law Alliance
and its client in the same way as it exists between a solicitor and his client.
[4/2000]

(5) Nothing in this section shall affect the solicitor-client privilege that exists between the
Singapore law firm or the foreign law firm and a client, as the case may be, which
constitutes part of a Joint Law Venture or a Formal Law Alliance.

\ue001S. 72 & 73 thereunder apply to a JLV
Rules as to keeping of accounts by solicitors
72. \u2014(1) The Council shall make rules \u2014

(a) as to the opening and keeping by solicitors of accounts at banks for clients\u2019 money;
(b) as to the keeping by solicitors of accounts containing particulars and information as to
moneys received, held or paid by them for or on account of their clients;
(c) as to the opening and keeping by every solicitor who is a sole trustee, or who is co-
trustee only with one or more of his partners, clerks or servants, of an account at a bank for

Activity (2)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->