APEC economy: Singapore; Jurisdiction: Singapore

Temporary practice ('fly-in, fly-out' practice)

There is no express rule allowing temporary practice by foreign lawyers. However, foreign arbitrators and mediators have the flexibility to enter Singapore and render arbitration and mediation services for up to 60 days without having to apply for a work pass with the Ministry of Manpower or a licence with the Attorney-General's Chambers.

Limited licensing of foreign lawyers (foreign legal consultant rules)

A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).

The relevant legislation is Part IXA of the Legal Profession Act (LPA), Chapter 161; Legal Profession (International Services) Rules 2008 (LPIS Rules 2008).

To qualify to become a foreign lawyer practising foreign law pursuant to section 130K of the LPA and Rule 18 of the LPIS Rules 2008, the foreign lawyer must be duly authorised or registered to practise law in a state or territory other than Singapore by the duly empowered foreign authority. There are no restrictions as to the nationality of the applicant, or the jurisdiction in which the applicant is authorised or registered to practise law. The applicant may be employed by any foreign law practice located in Singapore or any Singapore law practice.

The law practice in which the applicant is registered must maintain throughout the period of the applicant's registration, insurance policies providing indemnity against loss arising from civil liability claims in relation to the applicant's practice. The current minimum amount of insurance covered is SGD 2 million.

A foreign lawyer registered pursuant to section 130K of the LPA and Rule 18 of the LPIS Rules 2008 may practise foreign law and international law in or from Singapore in the law practice in which he or she is registered. He or she is not allowed to practise Singapore law in any area of legal practice, however there are no limitations in the areas of foreign law and international law that a foreign lawyer may practise in.

In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to but may enter a commercial association with local lawyers.

As at 1 May 2009, approximately 865 limited licences had been granted to foreign lawyers in this jurisdiction.

Full licensing

A foreign lawyer can obtain a full licence to practise law in this jurisdiction.

The relevant legislation is Part 2, Division 2 of the LPA, Chapter 161; Legal Profession (Qualified Persons) Rules, Chapter 161, Rule 15.

In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must be a 'qualified person' as defined under the LPA and the Legal Profession (Qualified Persons) Rules.

Generally, this means that he or she must be a Singaporean national or permanent resident, have attained at least lower second class honours or the equivalent for a specified law degree conferred by an institution specified in the Legal Profession (Qualified Persons) Rules. The foreign lawyer concerned must also sit for and pass Parts A and B of the Singapore Bar Examinations, and complete two 6-month periods of training before he or she can qualify to be admitted as an advocate and solicitor of the Supreme Court of Singapore.

Foreign lawyers may seek exemptions from one or more of these requirements, and such appeals will be considered on a case-by-case basis on the merits of each appeal.

If a foreign lawyer who is a qualified person is qualified to practise in a common law jurisdiction and has had two years of relevant legal experience, he or she can seek an exemption such that he or she can obtain a full licence upon passing Part A of the Singapore Bar Examinations.

Commercial association between lawyers and law firms

In this jurisdiction:

Other forms-of-practice requirements include:

  1. a foreign law firm (referred to as a 'foreign law practice' under the LPA) may obtain a foreign law practice licence issued by the Attorney-General. If it is so licensed, the foreign law firm may operate as a stand alone practice and practise Singapore law in a limited fashion through local lawyers admitted to the Singapore Bar and holding the requisite licence from the Attorney-General. A foreign law firm may also obtain a Qualifying Foreign Law Practice licence that will enable it to practise in more areas of Singapore law, through local lawyers admitted to the Singapore Bar and holding the requisite licence from the Attorney-General. The foreign law firm also has the option to enter into a joint law venture (JLV) or a foreign law alliance (FLA) with a Singapore law practice;
  2. a JLV is a separate entity from its constituent law practices. The constituent foreign and Singapore law practices should each have strong track records in one or more of the following areas of legal practice:
    1. banking law;
    2. finance law;
    3. corporate law;
    4. arbitration;
    5. intellectual property law;
    6. maritime law; or
    7. other areas of legal practice that facilitate or assist in the growth and development of the Singapore economy (Rule 4(2)(a) of the LPIS Rules 2008);
  3. the constituent law practices must have joint representation and participation in the management of the JLV. The number of equity partners or directors nominated by the constituent foreign law practice must not be greater than the number of equity partners or directors nominated by the constituent Singapore law practice. They are to enter into an agreement to jointly manage the JLV and submit a plan for the transfer of expertise and know-how;
  4. the constituent foreign law practice of the JLV may share in up to 49% of the total profits of the constituent Singapore law practice. Singapore-qualified lawyers may concurrently be partners or directors of the constituent Singapore law practice and of the JLV. The JLV may practise foreign law in any areas of legal practice. In addition, it may practise Singapore law through Singapore-qualified lawyers in most areas of legal practice, save for those excluded under Rule 3 of the LPIS Rules 2008. It may market or publicise itself as a single service provider and bill its clients as if it were a single law practice; and
  5. an FLA does not involve the creation of a separate entity from the constituent law practices.

Other regulatory issues

In this jurisdiction:

Foreign lawyers and firms are treated differently from local lawyers in the application of these rules in that for advertising, the LPIS Rules 2008 provide that the Legal Profession (Publicity) Rules and the Legal Profession (Professional Conduct) Rules apply with modification only to foreign law practices/foreign lawyers practising Singapore law.

In relation to the use of names, insofar as the use of names are concerned, the following legislation that are applicable to local law practices do not apply to foreign law practices:

Under the LPIS Rules 2008, the Legal Profession (Professional Conduct) Rules apply with modification only to foreign lawyers practising Singapore law.

Contacts

Category Name Website or other contact details
Organisation(s) that controls licensing of lawyers For foreign lawyers:
Legal Profession Secretariat, Attorney-General's Chambers, Singapore
For local lawyers:
The Supreme Court of Singapore		 www.agc.gov.sg/lps
Peak professional association representing the legal profession Law Society of Singapore www.lawsociety.org.sg
Other associations playing a significant role in developing policy for the legal profession Industry Development Division, Ministry of Law www.minlaw.gov.sg