Law Firms in Singapore – Types and Means
There are around five thousand lawyers in Singapore and there are about nine hundred law firms in Singapore. Nine of the ten top international law firms practice there. These firms, if domestic, are regulated by the Law Society of Singapore. Foreign law firms fall under the regulation of the Attorney-General’s Chamber’s Legal Profession (International Services) Secretariat.
Domestic law firms can be grouped in several ways. These are general partnerships, limited liability partnerships, and limited law corporations. To make matters more complex one may find group law practices, joint law ventures, and formal law alliances.
General partnership law firms in Singapore are owned by the partners and employed legal assistants as salaried workers. One must practice law for three years before they can open their own general partnership.
Limited Liability Law Partnerships (LLP) as law firms are a new business model. The overall structure is similar to a general partnership it represents a change in how the business is viewed. An LLP is seen as a unique legal entity apart from that of the partners who own it. This means that liability is restricted to the contribution to the property made to the LLP, relieving the partner of personal liabilities of any kind. Negligence and wrongful acts by employees is reflected on the LLP not the partners. Lawyers do retain personal liabilities for professional negligence and have restrictions on them similar to those in limited law corporations.
Limited Law Corporations (LLC) as law firms are exempt private limited companies incorporated under the Companies Act. LLC have shareholders who possess liabilities limited to the share contributions. Directors and shareholders are not held responsible for actions or negligence of their employees. Lawyers do retain personal liabilities for professional negligence. Directors can be subjected to disciplinary proceedings under the Legal
Profession Act if it is deemed that the business overall acts in a dishonest manner and the individual responsible cannot be identified. In all other ways an LLC is required to act as though it were a single lawyer (IE the same rules apply).
Lawyers in Singapore in Relation to Common Law
Whereas solicitor and advocate are two distinct roles in other Commonwealth countries, Singapore’s five thousand lawyers can perform both of these professional functions. The concept of Senior Solicitors is one of the many similar features to lawyers practicing. A lawyer can still cross practice, while this is impossible in most other counties.
All domestic lawyers are regulated under the Law Society of Singapore which is like the Bar Association, no matter what they specialize in. Out of those who are native The Law Society controls who can practice. (The Attorney-General regulates foreign lawyers), provides low cost or free legal help to those who qualify and regulates how lawyers can advertise.
Lawyers are always permitted to practice law outside of their focus. Most lawyers, however, choose to focus in conveyancing, corporate law, or litigation and do not stray from this focus very often. The right to appear before any court of justice in Singapore is possessed by all lawyers in Singapore. This practice is very different from Commonwealth nations that restrict a lawyer’s appearances to specific areas.
All foreign lawyers must register with the Attorney-General. Once registered, they may practice along side domestic lawyers. These individuals used to be limited to corporate law but in recent years some have gotten permission to practice domestic law as well. Many practice in one form of partnership or another.
Attorneys may work in the Singapore Legal service in the courts of Law, and Attorney General’s chambers. Various legal departments of the government ministries and various boards all have positions available. All positions that are part of the Singapore Legal Service must be filled by lawyers. This is the means for employment for about ten percent of all lawyers in Singapore.
Many Singaporean lawyers are highly specialized. Such individuals can serve as Senior Counsels by appointment. This was done so we no longer have to depend on Queen’s Counsel from England and instead we can have the best lawyers. This has caused some controversy among lawyers who think it could impact the profession negatively.
A committee of the Chief Justice, Attorney-General and the Judges of Appeal appoint the Senior Counsel. Lawyers with at least ten years of experience can apply to be advocates, LSO’s, or solicitors. According to the seniority of appointment Senior Counsel ranks just under the Attorney-General and the Solicitor-General.
Lawyers in Singapore who have practiced over ten years may take or use the title of consultant. Often law firms utilize retired judges and partners as consultants in their practices. These individuals continue to practice in their specialty while retired.