Legal Profession (Professional Conduct) Rules 2015 2nd Edition

Important amendments to the Legal Profession (Professional Conduct) Rules 2015 have been introduced since the first edition of the book was published in 2016. These developments are addressed in this second edition. These include:

• Rule 8A, which governs the responsibilities of legal practitioners when engaging in alternative dispute resolution (“ADR”) proceedings.
• Rule 17(2)(e)(ii), which requires the lawyer to evaluate the use of ADR processes with his or her client so that the client is in a position to make the right choice about whether to go to court or to resolve his or her case without litigation.
• Rules 49A and 49B, which concern ethical issues arising from third‑party funding.
• Rule 35(8), which concerns the definition of “management” in the context of the management and operation of a law practice.
• Rule 15A, which aims to ensure that lawyers approach family proceedings in a manner that is constructive and conciliatory in the interests of their clients (especially the children involved).
• Rule 15B, which addresses the conflict of interests that may arise when the lawyer has acted as a child representative or parenting coordinator in family proceedings. If the lawyer acts in either capacity, he or she would have a specific duty to the court and would need to exercise his responsibilities in a neutral and objective role.

There a multiple important judgment on ethical issues including:

• Marisol Llenos Foley v Harry Elias Partnership LLP [2021] SGHC 188 (duty of lawyers to properly communicate with their clients concerning the fees that have to be paid including the right of clients to have the costs assessed by the court).
• Tan Ng Kuang v Jai Sarup Pathak [2021] SGHC 232 (lawyer’s responsibilities to client and third party when client has deposited money with lawyer for the purpose of payment to the third party).
• Law Society of Singapore v Lee Suet Fern [2020] 5 SLR 1151 (circumstances in which a client and lawyer relationship arises and lawyer’s responsibilities to a person who is not a client).
• Law Society of Singapore v Govindan Balan Nair [2020] 5 SLR 988 (lawyer’s duty to disclose an adverse interest to his or her client).
• Singapore Shooting Association v Singapore Rifle Association [2020] 1 SLR 395 and BOI v BOJ [2018] 2 SLR 1156 (responsibility of lawyer to properly engage court processes in the interest of the administration of justice).
• Law Society of Singapore v Wong Sin Yee [2018] 5 SLR 1261 (duties owed by lawyers to witnesses during cross‑examination).
• Otto Ventures Pte Ltd v ECYT Law LLC [2017] 4 SLR 776 (responsibilities of lawyer when giving an undertaking).

By reading this book, professionals and members of the public would gain a full understanding of the lawyer’s ethical responsibilities. Building on the success of the first edition, this second edition will continue to be an invaluable and indispensable aid to the understanding of the dynamics of professional conduct in modern legal practice.

Author’s bio:

Jeffrey Pinsler SC is Professor of Law at the Faculty of Law, National University of Singapore. He specialises in civil justice, civil and criminal evidence, procedure and ethics.