Rule 4: Rule 34

Rule Editor Code Editor Delete Rule Home

Tests

Create Test

Rule Text:

Legal Profession Professional Conduct Rules

34Executive appointments1

A legal practitioner must not accept any executive appointment associated with any of the following businesses:

a

any business which detracts from, is incompatible with, or derogates from the dignity of, the legal profession;

b

any business which materially interferes with -

i

the legal practitioner's primary occupation of practising as a lawyer;

ii

the legal practitioner's availability to those who may seek the legal practitioner's services as a lawyer; or

iii

the representation of the legal practitioner's clients;

c

any business which is likely to unfairly attract business in the practice of law;

d

any business which involves the sharing of the legal practitioner's fees with, or the payment of a commission to, any unauthorised person for legal work performed by the legal practitioner;

e

any business set out in the First Schedule;

f

any business which is prohibited by -

i

the Act;

ii

these Rules or any other subsidiary legislation made under the Act;

iii

any practice directions, guidance notes and rulings issued under section 71(6) of the Act; or

iv

any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society.

2

Subject to paragraph (1), a legal practitioner in a Singapore law practice (called in this paragraph the main practice) may accept an executive appointment in another Singapore law practice (called in this paragraph the related practice), if the related practice is connected to the main practice in either of the following ways:

a

every legal or beneficial owner of the related practice is the sole proprietor, or a partner or director, of the main practice;

b

the legal practitioner accepts the executive appointment as a representative of the main practice in the related practice, and the involvement of the main practice in the related practice is not prohibited by any of the following:

i

the Act;

ii

these Rules or any other subsidiary legislation made under the Act;

iii

any practice directions, guidance notes and rulings issued under section 71(6) of the Act;

iv

any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society.

3

Subject to paragraph (1), a legal practitioner may accept an executive appointment in a business entity which provides law-related services.

4

Subject to paragraph (1), a legal practitioner (not being a locum solicitor) may accept an executive appointment in a business entity which does not provide any legal services or law-related services, if all of the conditions set out in the Second Schedule are satisfied.

5

Despite paragraph (1)(b), but subject to paragraph (1)(a) and (c) to (f), a locum solicitor may accept an executive appointment in a business entity which does not provide any legal services or law-related services, if all of the conditions set out in the Second Schedule are satisfied.

6

Except as provided in paragraphs (2) to (5) -

a

a legal practitioner in a Singapore law practice must not accept any executive appointment in another Singapore law practice; and

b

a legal practitioner must not accept any executive appointment in a business entity.

7

To avoid doubt, nothing in this rule prohibits a legal practitioner from accepting any appointment in any institution set out in the Third Schedule.

8

To avoid doubt, this rule does not authorise the formation of, or regulate -

a

any related practice referred to in paragraph (2); or

b

any business entity referred to in paragraph (3), (4) or (5).

9

In this rule and the First to Fourth Schedules -

a

"business" includes any business, trade or calling in Singapore or elsewhere, whether or not for the purpose of profit, but excludes the practice of law;

b

"business entity" -

i

includes any company, corporation, partnership, limited liability partnership, sole proprietorship, business trust or other entity that carries on any business; but

ii

excludes any Singapore law practice, any Joint Law Venture, any Formal Law Alliance, any foreign law practice and any institution set out in the Third Schedule;

c

"executive appointment" means a position associated with a business, or in a business entity or Singapore law practice, which entitles the holder of the position to perform executive functions in relation to the business, business entity or Singapore law practice (as the case may be), but excludes any non-executive director or independent director associated with the business or in the business entity;

d

"law-related service" means any service set out in the Fourth Schedule, being a service that may reasonably be performed in conjunction with, and that is in substance related to, the provision of any legal service.