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Ethics 2 - Coggle Diagram
Ethics 2
Costs
Duty to be accountable to client for money
r16
LPSA Rules
Must Pay Into Client Acc:
(+) Client money (note: not conveyancing money)
(+) Trust money
(+) Certain Small Conveyancing Sums (r 5(3), (4) Conveyancing Rules)
(+) Mixture of client money and other money
(-) cannot be overdrawn.
Lawyer has right of lien and set-off against monies standing to the credit of a client account. (r15)
Conveyancing account:
conveyancing monies
conveyancing moneys paid to a solicitor prior to an exercise of an option to purchase must also be placed into a conveyancing account (
LSS v Dhanwant
)
promptly notify their client whenever they receive any money (including conveyancing money) r16
must expeditiously render statements of accounts when requested.
r16(3)(b)
No withdrawal of money otherwise than by authorised solicitor (r11(7))
Keep accounting records (r11)
Withdrawal
r8
. >$5k
Cheque signed by 2 lawyers
independent book-keeper engaged
up to $30k
.>=$30k
signed or authorised by 2 solicitors
practicing lawyers
Professional Fees
r17
(2) Specific duties
(3) Inform client about fees
(4) Inform client about fees involved in litigation
(5) - (6) Inform client of right to have bill taxed
(7)-(8) No overcharging of client
Contingency Fees Prohibited r18
Lawyer cannot enter into negotiations with client
for an interest in the subject matter of litigation / other contentious proceedings; or
remuneration proportionate to the amount which may be recovered by client in the proceedings
S&C fee agreements for contentious matters that are dependent on the recovery of P&P costs - may breach r18 and s107 LPA
Duty not to share fees with unauthorised persons r19
e.g. with debt collector, paralegal
Duty to Supervise Staff
r32 - 34
Duty to Supervise Paralegals
r 32 PCR
GN 3.7.1
Lawyer must supervise paralegal and be under constant supervision
Must ensure paralegal does not make unsupervised appearance before court
Refrain from engaging in unsupervised conduct in litigation
Must ensure paralegals are aware of lawyer's obligation not to publish material amounting to contempt
Must not wilfully and knowingly assist paralegal to practice law
Exceptions
(+) Obtain leave of court to attend chambers and court to record notes - but cannot sit in front
(+) Take statements from interview clients/witness - provided no advice given.
Descriptions & Titles
Duty to describe oneself accurately
s33(1)
Duty not to accept executive appointments in business which ...
s34(1)
(b) materially interferes with his primary occupation as a lawyer
(c) is likely to unfairly attract business to law
(a) incompatible with dignity of legal profession
(-) Employment agency
(-) Real estate agent
(d) sharing fees or paying commission to unauthorised person for work done by lawyer
(e) First Schedule prohibited
Subject to r34(1), May accept
executive appointment
in...
(+) Law-related service
r34(3)
Satisfy r34(1)
(+) Unrelated service
r34(4)
Satisfy r34(1) + Second Schedule PCR
(+) Related Singapore law practice
r34(2)
Owners of related practice = same as main practice
Lawyer accepts the executive appointment as a representative of the main practice
Duty Not To Assist Unauthorised Persons
i.e. no practicing certificate or not on roll
S32 LPA
(-) Act as agent for unauthorised persons
(-) Lend name for profit
(-) Enabling unauthorised person to practice or operate lawyer's bank account
Disciplinary proceedings for solicitor
For unauthorised person
Personal Liability Criminal Offence to act as solicitor etc.
S33 LPA
S34 Exceptions
(-) AG, PT, Legal Aid Director, public officers, person acting for himself
(-) insurance employee, qualified university staff, accountant
(-) Proceedings in SYC, Arbitration (s35 LPA)
<$25k and / or 6 months jail
Cannot recover costs + Must pay back payments received for doing the offence
S36 LPA
Publicity
r37, 41 - 49
Publicity allowed
r41
Must alter/withdraw/remove/discontinue publicity if Council determines (r 42(3))
Must ensure publicity does not use armorial bearings of Law Society (r 42(4))
Must use best endeavours to rectify/withdraw/prevent recurrence if aware of any improper publicity (r 42(2
Preliminary: Where is publicity conducted?
Where publicity is reasonably expected to be received/accessible (r49)
If publicise outside SG, rules 43 - 47 do not apply
Step 2: Duties when publicising
Law firm cannot say lawyer appointed to judiciary (r43(3))
No Touting (r43(4))
Claims to expertise or specialisation should be justified
Cannot mention past case in breach of confidence
Cannot mention success rate
Cannot compare/criticise fees or quality wrt another law firm
Duty not to make misleading, inaccurate or false publicity
r44(1)
(b) (-) misleading, deceptive, inaccurate, false or unbefitting the dignity of the legal profession
material misrep
omit material facts
unverifiable info
creates unjustified expectation
TV commercials and
Hyperlinks cannot be misleading
(PD 6.2.1)
Note: 3P websites that hyperlink to law practices are not prohibited, but CANNOT be due to financial arrangement
(a) (-) Diminish public confidence in legal profession
Duty to ensure public acknowledgement of good deeds is limited
r45
Publicity in Conjunction with 3P allowed - even if 3P is client (r46)
Duty not to publicise when giving free legal advice
r47
Only Name + fact of being a lawyer + name of law firm
Must not subsequently act for recipient of free legal advice
r47(3)(b)
May answer questions in non-legal publications (PD 6.2.4)
can give special qualifications or knowledge relevant to the publication.
Must not distribute business card
r47(3)(a)
Touting
r39
(1) Duty not to tout
(2) Duty to maintain independence from referror when dealing with client referrals
(c) cannot affect advice to client
(d) advise impartially and independently
(g) must communicate directly with client, not referror
Must ensure written referral agreement + contains terms set out in r 40(1)
(b) cannot reward referror
LSS v Lillian Bay , Tan Buck Chye, Chong Wai Yen etc - monetary benefits paid to real estate agents
r41 Publicity is Permitted
r43 Claims of expertise must be justified
Duty not to engage in prohibited business, trade or calling
r38
e.g. female underwear, unlicensed moneylending