Law is a profession and lawyers have certain obligations to their clients and to the court. It is an area that is commonly identified by lawyers as a problem in legal practice. This is not generally understood by clients, or by some lawyers who carry the notion of the duty to the client too far and engage in practices that are unethical and that go to defeat the interests of justice.
1.9.9 Within Singapore´s legal fraternity, efforts, led by the Judiciary, are being made to encourage lawyers´ and their clients´ reception of ADR as a more satisfactory, faster and cheaper way of settling disputes. The Law Society primarily upholds the interests of the practising lawyers whilst the Singapore Academy of Law seeks to advance the legal profession as a whole. Singapore lawyers are not permitted to charge contingency fees under the Legal Profession Act (Cap.
1.8.13 In order to bolster the public’s confidence in the law and the legal profession, the Judiciary has emphasised the imperative of ethical and socially responsible conduct of lawyers. 1.8.10 In recent years, there is a concern that a sizeable proportion of the Singapore lawyers are leaving legal practice for in-house counsel positions and other non-legal fields. Foreign lawyers who are employed by, or who are partners or directors of, the Joint Law Ventures may practise Singapore law, subject to certain requirements such as qualifications, expertise and experience and the restrictions on the areas of legal practice.
Singapore law firms are entitled to employ appropriately qualified foreign lawyers to practise law subject to certain criteria, including appropriate qualifications, expertise and experience and the areas of legal practice of the lawyer and the law firm. 1.7.7 The State Courts (consisting of the District Courts, Magistrates´ Courts, Juvenile Courts, Coroners Courts as well as the Small Claims Tribunals), led by the Presiding Judge, have also been set up within the Singapore judicial hierarchy to administer justice amongst the people. The new Singapore Judicial College provides continuing training and development for the judges, and shares Singapore courts’ experiences in the use of technology, organisational excellence and active case management with their counterparts in the region.
1.3.14 The Chief Justice has urged the Singapore Bar to cite local court decisions in support of their arguments especially when the relevant points of law have been considered by the courts. To make Singapore case law more accessible to Singaporeans and legal communities overseas, recent judgements of the Supreme Court and the Subordinate Courts can be accessed free of charge at. 1.3.11 According to the Singapore Civil Law Act (Cap 43, 1999 Rev Ed), the Singapore courts are empowered to administer the Common Law as well as Equity concurrently.
Thirdly, whilst numerous legal principles have been developed by common law judges, the civil law judges are more reliant on general and comprehensive codes governing wide areas. 1.3.6 The judicial approach of the Singapore courts to English common law precedents is based on two main factors: (1) the logic and reasoning underlying the case precedents; and (2) the need for adaptability to local circumstances and conditions. 1.2.33 Prior to the enactment of the Application of the English Law Act (Cap 7A, 1994 Rev Ed), the Second Charter of Justice provided the legal basis for the general reception of the principles and rules of English common law and equity and pre-1826 English statutes (only those of general application) into Singapore.
Barristers undertaking public access work can provide legal advice and representation in court in almost all areas of law (see the Public Access Information on the Bar Council website) 18 and are entitled to represent clients in any court or tribunal in England and Wales. The Legal Practitioner’s Act, refers to Nigerian lawyers as Legal Practitioners, and following their call to the Bar , Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. Only the lawyers (“bengoshi”) can appear before court and are qualified to practise in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practise.
In India , the law relating to the Barrister is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen , the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India Under the act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by the legal profession in the country. Since the 14th century and during the course of the 19th and 20th in particular, French barristers competed in territorial battles over respective areas of legal practice against the conseil juridique (legal advisor, transactional solicitor) and avoué (procedural solicitor), and expanded to become the generalist legal practitioner, with the notable exception of notaires (notaries), who are ministry appointed lawyers (with a separate qualification) and who retain exclusivity over conveyancing and probate. All law graduates from Canadian Law schools, and NCA certificates of Qualification (Internationally trained lawyers) from the Federation of Law Society of Canada after having completed more than a year article-ship in law firms write the Bar and Solicitor examinations as prescribed by their professional regulating body, the Law Societies (e.g. Law Society of Upper Canada).
As in common law countries in which there is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. In some countries with common law legal systems, such as New Zealand and some regions of Australia , lawyers are entitled to practise both as barristers and solicitors, but it remains a separate system of qualification to practise exclusively as a barrister.