Update on the enforcement of the Solicitors' Remuneration Order 1991 (SRO)
Contributed by WOON YEOW THONG
Wednesday, 08 June 2005 12:00am
The Solicitors Remuneration Enforcement Committee (“the Committee”) wishes to highlight the following matters pertaining to the enforcement of the SRO:
1. Statutory Declaration
The Secretariat and the Committee are inundated with calls, e-mails and letters from members of the Bar, complaining that solicitors are undermining the Solicitors’ Remuneration (Enforcement) Rules 2004 by collecting the full scale fees and refunding the discounted portion in cash. The Committee would give notice to solicitors to appear personally to the Bar Council and produce all documents for examination where there is information to suggest that the solicitor is refunding cash as a means to give discount.
Further, the Committee is proposing amendments to the Statutory Declaration which is required to be submitted together with the Return. It is proposed that the Statutory Declaration be amended to include a declaration that no method or device has been employed which has the effect of providing a discount, and that this will deter the practice of refund in cash.
Kindly be informed that the Bar Council shall be considering the proposed amendments at its meeting on 11.6.2005.
2. Notice to Appear Personally
The Committee has decided to write to seven (7) firms whereby the advocate and solicitor in charge of the relevant transaction(s) is requested to appear personally before the Committee and produce for examination all documents relating to the transaction(s) including the cash book, receipts and bank statements relating to both the office account(s) and client account(s). 3. Referring law firms to the Disciplinary Board
Please be informed that the Committee has decided to recommend to the Bar Council to refer two (2) law firms to the Disciplinary Board for breaching the SRO and the Bar Council is filing the requisite complaints against the said firms.
4. Talk on the Enforcement of the SRO
The Malacca Bar Committee is organizing a talk on the enforcement of the SRO on 24.6.2005 for its members and they have invited members of the Committee to attend the same. The members of the Committee will provide clarification and/or information inter alia on the completion of the Return, application for extension of time, application for waiver of fees and enforcement process of the SRO.
Mr. Tony Woon Chairman Solicitors Remuneration Enforcement Committee
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