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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
Part IXA: Foreign Law Firms, Joint Law Ventures and Formal Law Alliances
Joint Collaboration:
2 different arrangements which may be entered by a foreign law firm (s. 130A defines a “foreign law
firm” – "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)
Joint Law Venture (“JLV”) and the Formal Law Alliance (“FLA”)
JLV 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
Attorney-General may refuse to approve an application without assigning any reason (s. 130B(4) &
130D(4))
Joint Law Venture
130B. —(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. —(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.
Professional Conduct:
S. 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. —(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’s 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’s 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.
Attorney-General shall give the foreign lawyer a reasonable opportunity to make representations in writing
and the Attorney-General may make any of the following orders:
1. Cancel or suspend the registration
2. Censure the foreign lawyer
3. A penalty not exceeding $5,000
4. Make such other order as he thinks fit (s. 130F(3))
Disciplinary proceedings
130F. —(3) Where the Attorney-General has received any complaint under this section
or where facts are brought to the knowledge of the Attorney-General which satisfy the
Attorney-General that there may be grounds for such a complaint, the Attorney-
General shall give the foreign lawyer a reasonable opportunity to make representations
in writing, and if he is of the opinion that there is sufficient reason for doing so, the
Attorney-General may —
(a) cancel or suspend for such period as he may think fit the registration of the foreign
lawyer to practise Singapore law;
(b) censure the foreign lawyer;
(c) order the foreign lawyer to pay a penalty not exceeding $5,000 or such other higher
sum as may be prescribed; or
(d) make such other order as he thinks fit.