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The first requirement is set out in section 75C(1)(a):

Section 75C - (1) No solicitor may practise in a Singapore law practice as a solicitor on his own account or in partnership (whether in a law firm or a limited liability law partnership) or as a director of a law corporation unless he -

(a) has successfully completed such legal practice management course within such time as the Council may by rules made under section 71 prescribe.

Pursuant to section 71, the Legal Profession (Legal Practice Management Course) Rules ('the LPMC Rules') were enacted in 1997.

Rule 6 of the LPMC Rules provides:

(1) Subject to paragraph (2), every practitioner shall successfully complete the Course² before he may practise as a solicitor on his own account or in partnership.

(2) Subject to section 75C of the [Legal Profession] Act, a practitioner may with the written consent of the Council practise as a solicitor on his own account or in partnership before completing the Course if the practitioner gives a written undertaking to the Council to attend and successfully complete the Course within one year from the date the practitioner commences such practice.

The second requirement is set out in section 75C(1)(b) and (c), which provide that a solicitor:

(b) has, since being admitted as a solicitor, been employed for not less than 3 continuous years or 3 years out of a continuous period of 5 years in a Singapore law practice; or

(c) has been employed as a legal officer for not less than 3 continuous years or 3 years out of a continuous period of 5 years.

Section 75C(1)(a) first enacted in 1997, was amended in 2007 with effect from 1 June 2007. The effect of the amendments is as follows.
1 (a) Prior to 1 June 2007, the requirement to attend the LPMC before a solicitor could practise as sole proprietor, partner or director would not apply to a solicitor who was admitted as a solicitor before 1 March 1997 or (if admitted after 1 March 1997) had been employed in a law practice or as a legal officer for not less than 3 continuous years or 3 years out of a continuous period of 5 years.

(b) However, since 1 June 2007, any lawyer who wishes to practise as a sole proprietor, partner or director must first complete the LPMC, unless he was a sole proprietor, partner or director of a law practice before 9 March 2007. This requirement applies regardless of when the lawyer was admitted as a solicitor.

(c) In addition to the LPMC attendance requirement under section 75C(1)(a), before a lawyer may practise as a sole proprietor, partner or director, he must also fulfill a second requirement under section 75C(1)(b) or (c), viz he must have been employed in a Singapore law practice or as a legal officer for not less than 3 continuous years or 3 years out of a continuous period of 5 years (unless he was admitted before 1 March 1997). This was the same position as
it was before 1 June 2007.

2 Accordingly, the present position is that a practitioner who wishes to practise as a sole proprietor, partner or director for the first time after 9 March 2007 must:

(a) satisfy the requirements of section 75C(1)(b) or (c); and

(b) subject to (3) below, first complete the LPMC.

3 With the written consent of Council, the practitioner may practise as a sole proprietor, partner or director before completing the LPMC provided he gives an undertaking to attend and successfully complete the LPMC within a year from his commencement of practice as sole proprietor, partner or director. However, such undertaking must be given on or before the commencement of such practice.

In 2008, a large number of new partners, directors and sole proprietors were unaware of the statutory requirement to attend the LPMC and did not attend the LPMC which was run in March 2008, nor did they give the undertaking prior to commencing practice in their new status. When the problem was brought to the attention of Council late last year, it was too late to organise another course. Council then had to decide what to do with this large number of lawyers who were in breach of section 75C(1)(a) (which is a criminal offence under section 75C(5)).
While appreciating that most (if not all) of the lawyers concerned had failed to comply with section 75C owing to ignorance, Council could not overlook the fact of the breach. Accordingly, Council took the unusual step of writing on behalf of all the lawyers concerned to the Attorney-General to report the breach, but explaining that this was a result of ignorance, and that the lawyers concerned had agreed to take the LPMC at the earliest available opportunity.

The Attorney-General, in the exercise of his prosecutorial discretion, and after reviewing the merits of each individual case, agreed not to take any action under section 75C(5).

Despite frequent notices appearing in the Law Gazette and eJus News drawing the attention of the profession to section 75C, the problem has occurred again in 2009, with a relatively large number of lawyers becoming sole proprietors, partners or directors without having first:
1 completed the LPMC; or

2 applied for permission to commence practice prior to completing the LPMC and given the undertaking required pursuant to Rule 6 of the LPMC Rules.

The LMPC is a substantial course lasting three full days and requiring the participation of many teachers. The course requires considerable investment of human and other resources by the Society, and normally is only held once a year in March.

While these practitioners who have been in breach of Rule 6 may be able to mitigate the fact of their breach by enrolling for the course in March, there may be other practitioners who will only become aware of their breach of section 75C after reading this Message or having their attention brought to section 75C after the March course has been completed.

In view of this possibility, Council has decided to run a second LPMC this year which will probably take place in September 2009 to enable new sole proprietors, partners or directors to at least fulfil the spirit if not the letter of Rule 6. This second course will be a one-off exercise, and will not be repeated in future years. Law practices should take careful note of section 75C, and arrange for all new partners or directors to take the LPMC before they become partners. If this is not possible or practical, the new partners or directors must make the necessary application under Rule 6 before commencing such practice, and complete the LPMC within one year of their appointment as partners or directors. The same would apply to new sole proprietors.

I hope this will demonstrate the care and concern that Council has for its members, but I need to remind all individual members and their law practices that they should stay in touch with all changes to the applicable regulations that govern the practice of our profession from time to time.

Michael Hwang, SC
President
The Law Society of Singapore

Notes
1 All references to section numbers are to sections of the Legal Profession Act.

2 The Law Practice Management Course (the 'LPMC').