What is the relationship between professional ethics and law in court proceedings?
journal article Show Singapore Journal of Legal Studies (December 1998) , pp. 409-420 (12 pages) Published By: National University of Singapore (Faculty of Law) https://www.jstor.org/stable/24867256 Journal Information The Singapore Journal of Legal Studies has been in continuous publication since 1959 and is a faculty managed publication. Submissions are subject to anonymous peer review by subject specialists within and beyond Singapore. The Journal covers both domestic and international legal developments. Singapore, as an independent legal system founded on the English legal system, continues to draw guidance from the common law authorities of leading Commonwealth countries, including England, Australia and Canada, and sometimes, the USA.The Journal publishes articles on private and public international law as well as comparative law. It features topics with theoretical or practical appeal or a mixture of both. The Journal continues to interest lawyers, academics and observers in and outside the common law world. Indeed, it has been cited by leading common law courts such as the House of Lords, the Supreme Court of Canada, the High Court of Australia, the High Court of Malaysia and the Supreme Court of Singapore. Publisher Information SJLS is run by the Faculty of Law, National University of Singapore from which it draws its Editorial Committee. PART 3 RULES APPLICABLE TO PRACTICE OF SINGAPORE LAW AND PRACTICE IN SINGAPORE COURTS Division 1 — Role in administration of justice 9.—(1) The following principles guide the interpretation of this rule.
(2) When conducting any proceedings before a court or tribunal on behalf of a client, a legal practitioner must not do any of the following:
(3) When conducting proceedings before a court or tribunal, a legal practitioner —
(4) A legal practitioner must not raise as a ground of appeal any procedural irregularity in any proceedings before a court or tribunal, if the legal practitioner could have brought that procedural irregularity to the attention of the court or tribunal during those proceedings but failed, without reasonable justification, to do so. (5) Subject to rule 6, where a legal practitioner unknowingly contravenes any provision of this rule, the legal practitioner must, as soon as practicable after the legal practitioner becomes aware of the contravention, disclose the contravention to each person affected by the contravention, and take reasonable steps to remedy the contravention. Responsibility for client’s conduct 10.—(1) The following principles guide the
interpretation of this rule.
(2) A legal practitioner whose client is a party to any proceedings before a court or tribunal must inform the client of the client’s responsibilities to the court or tribunal, and to every other party to those proceedings, including the client’s duties —
(3) To the extent that a legal practitioner is able, the legal practitioner must prevent his or her client from, must not be a party to, and must not assist the client in, doing either or both of the following:
(4) Where a legal practitioner knows that his or her client is about to give, or has given, false evidence or false information to a court or tribunal, the legal practitioner must —
(5) A legal practitioner must not render to his or her client any advice which the legal practitioner knows or has reasonable grounds to believe is sought by the client for any dishonest, fraudulent or unlawful purpose. (6) A legal practitioner must not knowingly assist or permit his or her client —
Conflict of interest in proceedings before court or tribunal 11.—(1) The following principle guides the interpretation of this rule.
A legal practitioner’s duty to advance the interests of the legal practitioner’s client, and to present the client’s best possible case, is subject to the legal practitioner’s duties as an officer of the court and to assist in the administration of justice. (2) A legal practitioner must not appear before a court or tribunal in a matter where —
(3) In any case where it is known or it appears that a legal practitioner will be required to give evidence which is material to the determination of any contested issue before a court or tribunal —
Communications and dealings with witnesses 12.—(1) The following principles guide the interpretation of this rule.
(2) A legal practitioner must not, except with the permission of a court or tribunal, interview or discuss, with a witness whom the legal practitioner has called in proceedings before the court or tribunal, at any time after the start and before the end of the cross‑examination of that witness, the evidence given or to be given by that witness or any other witness. [S 240/2022 wef 01/04/2022] (3) A legal practitioner must not, by asserting in a statement to a court or tribunal, make any allegation against a witness whom the legal practitioner cross-examined or was given an opportunity to cross-examine, unless the legal practitioner has given the witness an opportunity to answer the allegation during cross-examination. (4) A legal practitioner must not suggest that a witness or any other person is guilty of any offence or conduct, or attribute to a witness or any other person any offence or conduct of which the legal practitioner’s client is accused, unless the suggestion or attribution relates to a matter in issue (including the credibility of the witness) which is material to the client’s case and which appears to the legal practitioner to be supported by reasonable grounds. (5) A legal practitioner must not make any statement, or ask any question, which is scandalous, is intended or calculated to vilify, insult or annoy a witness or any other person, or is otherwise an abuse of the function of the legal practitioner. (6) A legal practitioner may interview and take statements from any witness (including a prospective witness) at any stage in the proceedings, whether or not that witness has been interviewed or called as a witness by any other party to the proceedings or by the prosecution (in the case of criminal proceedings). (7) However, if the legal practitioner is aware that the witness has been called to appear in a court or has been issued an order to attend court by any other party to the proceedings or by the prosecution (in the case of criminal proceedings), the legal practitioner must inform that other party’s legal practitioner or the prosecution (as the case may be) of the legal practitioner’s intention to interview or take statements from the witness. [S 240/2022 wef 01/04/2022] (8) A legal practitioner —
Respect for court or tribunal and related responsibilities 13.—(1) The following principles guide the interpretation of this rule.
(2) A legal practitioner must always be respectful of a court or tribunal. (3) A legal practitioner must always be courteous in the conduct of a case before a court or tribunal, whether to the court or tribunal, or to any other person involved in the proceedings. (4) A legal practitioner must honour every undertaking given by the legal practitioner to a court or tribunal. (5) A legal practitioner must not give an undertaking to a court or tribunal unless the legal practitioner —
(6) A legal practitioner must not publish, or take steps to facilitate the publication of, any material concerning any proceedings, whether on behalf of his or her client or otherwise, which —
Conducting the defence in criminal proceedings 14.—(1) The following principles guide the interpretation of this rule.
(2) A legal practitioner who represents an accused person in any criminal proceedings must pursue every reasonable defence, and raise every favourable factor, on behalf of the accused person in accordance with law. (3) A legal practitioner who represents an accused person —
(4) Where a legal practitioner represents an accused person, and the accused person confesses to any offence to the legal practitioner, the legal practitioner —
(5) A legal practitioner —
(6) If an accused person absconds, the legal practitioner representing the accused person may —
(7) If an accused person has pleaded guilty or has been convicted after trial, the legal practitioner representing the accused person, when presenting a plea in mitigation, must not make any allegation which is scandalous or is intended or calculated to vilify, insult or annoy any person. (8) If an accused person has any previous conviction or antecedent, the legal practitioner representing the accused person is not required to disclose such antecedent, but must not adduce any evidence or make any submission which is inconsistent with the previous conviction or antecedent of the accused person. Conducting the prosecution in criminal proceedings 15.—(1) The following principles guide the interpretation of this rule.
(2) A legal practitioner who represents the prosecution in any criminal proceedings must present the evidence against an accused person fairly and impartially, and without malice, fear or favour, in accordance with law. (3) A legal practitioner who represents the prosecution must, within a reasonable time before the close of the prosecution’s case, inform the accused person or the accused person’s legal practitioner of —
(4) A legal practitioner who represents the prosecution must, within a reasonable time after the conviction but before the sentencing of an accused person, inform the court of —
(5) A legal practitioner who represents the prosecution must not inform the court of any other or pending proceedings against the accused person, except —
(6) A legal practitioner who represents the prosecution must assist the court at all times before the conclusion of a trial, including by drawing the court’s attention to any apparent error (whether of fact or of law), any apparent omission of fact, and any procedural irregularity, which in the opinion of the legal practitioner ought to be corrected. Representing client in family proceedings 15A.—(1) The following principles guide the interpretation of this rule.
(2) A legal practitioner who represents a client in any family proceedings must —
(3) Where a legal practitioner represents a client in any family proceedings involving any child, the legal practitioner must —
(4) In this rule, “child” means an individual who is below 21 years of age. [S 82/2018 wef 12/02/2018] Conflict of interest in family proceedings 15B.—(1) The following principle guides the interpretation of this rule.
A legal practitioner who acts in a particular role in family proceedings must ensure that there is no conflict between that role and the interests of a client. (2) A legal practitioner who has acted as a child representative or parenting coordinator in any family proceedings must not subsequently act for any party to those proceedings in relation to —
[S 82/2018 wef 12/02/2018] Division 2 — Relationship with client 16.—(1) The following principles guide the interpretation of this rule.
(2) A legal practitioner is accountable to his or her client for any money or other property which the client has entrusted with the legal practitioner, or has made the legal practitioner responsible for. (3) A legal practitioner must —
(4) The duties owed by a legal practitioner under this rule apply, with the necessary modifications, to a law practice. Professional fees and costs 17.—(1) The following principle guides the interpretation of this rule.
A legal practitioner must act in the best interests of his or her client, and must charge the client fairly for work done. (2) A legal practitioner —
(3) A legal practitioner must —
(4) A legal practitioner must explain the following matters to his or her client at the beginning of a contentious matter and at other appropriate stages in the matter:
(5) If a client of a legal practitioner disputes or raises a query about a bill of the legal practitioner in a matter (whether or not contentious), the legal practitioner must inform the client in writing of the client’s right to apply to the court to have the bill assessed or to review any fee agreement, unless the legal practitioner believes that the client knows, or reasonably ought to know, of that right. [S 240/2022 wef 01/04/2022] (6) If a client of a legal practitioner consents to the assessment of a bill issued to the client, or the court orders the assessment of a bill issued to a client of a legal practitioner, the legal practitioner must inform the client that —
[S 240/2022 wef 01/04/2022] (7) A legal practitioner must not charge any fee or disbursements, or render a bill (whether or not subject to assessment) for an amount, which constitutes overcharging, even if there is a fee agreement that permits the charging of the fee, disbursements or amount. [S 240/2022 wef 01/04/2022] (8) For the purposes of paragraph (7), there is overcharging if a reasonable legal practitioner cannot in good faith charge the fee, disbursements or amount, taking into account all of the following matters:
(9) Where, due to a conflict of interests, a legal practitioner has recommended to his or her client that the client seek alternative legal representation, unless the legal practitioner and the client have agreed otherwise, the legal practitioner may charge the client only those items of fees or disbursements which clearly need not be duplicated by the client’s new legal practitioner. Contingency fees prohibited 18. A legal practitioner or law practice must not enter into any negotiations with a client of the legal practitioner or law practice —
Conditional fee agreement 18A.—(1) Rules 17 and 18 do not prevent a legal practitioner or law practice from doing either or both of the following:
(2) To avoid doubt, apart from the aspects mentioned in paragraph (1), rules 17 and 18 continue to apply in all other aspects to any remuneration, fee or costs charged or to be charged pursuant to a conditional fee agreement mentioned in paragraph (1)(a). [S 334/2022 wef 04/05/2022] 19.—(1) A legal practitioner must not share the legal practitioner’s fees with, or pay a commission to, any unauthorised person for any legal work performed by the legal practitioner. (2) A law practice must not share its fees with, or pay a commission to, any unauthorised person for any legal work performed by the law practice. Conflict, or potential conflict, between interests of 2 or more clients 20.—(1) The following principles guide the interpretation of this rule.
(2) Paragraphs (3), (4) and (7) apply where —
(3) Before accepting any instructions from any relevant party in relation to the matter or transaction, the legal practitioner or law practice —
(4) The legal practitioner or law practice —
(5) Paragraphs (6) and (7) apply where —
(6) The legal practitioner or law practice —
(7) Despite paragraphs (4)(b) and (6)(b), the legal practitioner or law practice may continue to act for a relevant party in the matter or transaction, if —
(8) Where a legal practitioner or law practice has prepared a document on behalf of 2 or more parties concerning their rights and obligations, and 2 or more of those parties become involved in a dispute arising from the document, the legal practitioner or law practice must not represent any disputing party in the dispute. Conflict, or potential conflict, between interests of current client and former client 21.—(1) The following principles guide the interpretation of this rule.
(2) Subject to paragraphs (3), (4) and (5), a legal practitioner or law practice must decline to represent, or must withdraw from representing, a client (called in this rule the current client) in a matter, if —
(3) Paragraph (2) does not prevent a legal practitioner or law practice from acting, or continuing to act, for the current client, subject to any conditions agreed between the legal practitioner or law practice and the former client, if —
(4) Where the requirements in paragraph (3)(a) and (b) are not met despite reasonable efforts by the legal practitioner or law practice to meet those requirements, paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —
(5) Where it would be illegal for the legal practitioner or law practice to meet the requirements in paragraphs (3)(a) and (4)(b), paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —
Conflict, or potential conflict, between interests of client and interests of legal practitioner or law practice, in general 22.—(1) The following principles guide the interpretation of this rule and rules 23, 24 and 25.
(2) Except as otherwise permitted by this rule, a legal practitioner or law practice must not act for a client, if there is, or may reasonably be expected to be, a conflict between —
(3) Where a legal practitioner, any immediate family member of the legal practitioner, or the law practice in which the legal practitioner practises has an interest in any matter entrusted to the legal practitioner by a client of the legal practitioner —
(4) Where a law practice has an interest in any matter entrusted to it by its client —
Prohibited borrowing transactions 23.—(1) Subject to paragraph (2), a legal practitioner or law practice must not do any of the following:
(2) Paragraph (1)(a) does not apply to a prohibited borrowing transaction, if —
(3) Paragraph (1)(b) and (c) does not apply to a prohibited borrowing transaction, if —
(4) In this rule — “associated party” means —
“client”, in relation to a legal practitioner or law practice, includes (in addition to a client as defined in section 2(1) of the Act) —
“excepted person” means any licensed or authorised bank, finance company or other similar entity the business of which includes lending money to members of the public; “full disclosure” means such disclosure in writing by a legal practitioner or law practice as would be necessary for a trustee transaction; “independent advice” means advice —
“prohibited borrowing transaction” means any transaction under or by virtue of which money or valuable security is borrowed (whether directly or indirectly, and whether with or without security) from a client (not being an excepted person) of a legal practitioner or law practice —
24.—(1) Subject to the law on fiduciary relationships, a legal practitioner or law practice may purchase goods and assets from a client of the legal practitioner or law practice only if the purchase is at the prevailing market price or at such price as is reasonable. (2) Where practicable, the legal practitioner or law practice must obtain an independent valuation of the goods and assets. 25.—(1) Paragraph (2) applies —
(2) The legal practitioner or law practice —
Completion of retainer and withdrawal from representation 26.—(1) The following principle guides the interpretation of this rule.
The duties of honesty, competence and diligence owed by a legal practitioner to his or her client continue until the termination of the retainer. (2) Except as otherwise provided in this rule, a legal practitioner must complete the work which he or she agreed to undertake pursuant to his or her client’s instructions. (3) The dissolution of a law practice terminates the lawyer-client relationship between a client of the law practice and the legal practitioner in the law practice who is in charge of the client’s matter. (4) A legal practitioner must withdraw from representing a client, if —
(5) A legal practitioner may withdraw from representing a client in a case or matter, if —
(6) Where a legal practitioner withdraws from representing a client in a case or matter, the legal practitioner must —
(7) Where a legal practitioner (A) claims to exercise a lien for unpaid legal costs over any document of his or her client relating to a matter —
Division 3 — Relationship with other legal practitioners Principles guiding interpretation of this Division 27. The following principles guide the interpretation of this Division.
Entering default judgment 28.—(1) A legal practitioner (A) must not enter a default judgment under any provision of the Rules of Court 2021 (G.N. No. S 914/2021) against a party who is represented by another legal practitioner (B), unless —
[S 240/2022 wef 01/04/2022] (2) Any notice under paragraph (1) that is given on a working day after 4 p.m., or on a day other than a working day, is to be treated as given on the next working day. (3) To avoid doubt —
(4) In this rule, “working day” means any day other than a Saturday, Sunday or public holiday. Allegations against another legal practitioner 29. A legal practitioner (A) must not permit an allegation to be made against another legal practitioner (B) in any document filed on behalf of A’s client in any court proceedings, unless —
30.—(1) Where a legal practitioner (A) acts for a party to any proceedings that the legal practitioner knows are pending, or are likely to be pending, before the court, the legal practitioner must not initiate any communication with the court about the facts, issues or any other matter in those proceedings, unless —
(2) If a legal practitioner who acts for a party to any proceedings fails to comply with paragraph (1) when communicating with the court about those proceedings, the legal practitioner must inform each legal practitioner acting for another party to those proceedings of the circumstances as soon as possible. (3) A legal practitioner who initiates any communication with the court in relation to an application without notice filed by the legal practitioner must comply with all relevant practice directions relating to applications without notice. [S 240/2022 wef 01/04/2022] (4) Except as provided in paragraph (3), paragraphs (1) and (2) do not apply to any communication referred to in paragraph (3). Communication with another legal practitioner 31. Where a legal practitioner acts for a party in a matter, the legal practitioner must not disclose to the court any communication relating to the matter between the legal practitioner and a legal practitioner acting for another party in the matter, unless there is an agreement between the 2 legal practitioners to do so. Division 4 — Supervision over staff of law practice Responsibility for staff of law practice 32. A legal practitioner must, regardless of the legal practitioner’s designation in a law practice, exercise proper supervision over the staff working under the legal practitioner in the law practice. Division 5 — Descriptions and executive appointments 33.—(1) A legal practitioner who is an advocate and solicitor must not describe
himself or herself in connection with his or her profession as anything other than —
(2) A legal practitioner who is a regulated foreign lawyer must not describe himself or herself in connection with his or her profession as anything other than —
(3) Paragraph (1) does not prevent a Senior Counsel appointed under section 30 of the Act from describing himself or herself in connection with his or her profession as a Senior Counsel. (4) Paragraph (2) does not prevent a person who holds Her Majesty’s Patent as Queen’s Counsel, or holds an appointment of equivalent distinction of any jurisdiction, from describing himself or herself in connection with his or her profession as a Queen’s Counsel or as holding that appointment (as the case may be). 34.—(1) A legal practitioner must not accept any executive appointment associated with any of the following businesses:
(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:
(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) —
(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 —
(9) In this rule and the First to Fourth Schedules — “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; “business entity” —
“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; “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. What is difference between professional ethics and law?Key Differences Between Law and Ethics
The law consists of a set of rules and regulations, whereas Ethics comprises of guidelines and principles that inform people about how to live or how to behave in a particular situation.
What is the importance of ethics in law?Ethics are principles and values, which together with rules of conduct and laws, regulate a profession, such as the legal profession. They act as an important guide to ensure right and proper conduct in the daily practise of the law. Areas covered by ethical standards include: Independence, honesty and integrity.
What are the importance of professional ethics?Professional ethics are principles that govern the behaviour of a person or group in a business environment. Like values, professional ethics provide rules on how a person should act towards other people and institutions in such an environment.
What is ethics and law?Ethics and Law - Ethics are rules of conduct. Laws are rules developed by governments in order to provide balance in society and protection to its citizens. Ethics comes from people's awareness of what is right and wrong. Laws are enforced by governments to their people.
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