By Daniela Aroche
To practice law in Singapore without a valid practising certificate is an offence - so it goes without saying that not renewing your practising certificate at the proper time can be one of the biggest mistakes you can make as a lawyer.
The professional association to which a lawyer applies for a practising certificate differs - typically, solicitors apply to a law society and prospective barristers to a bar association; but in 'fused' jurisdictions, such as South Australia, the law society issues practising certificates for both solicitors and barristers. All practising certificates must be renewed annually.
If they are not renewed at the right time, it could cost you your career.
"It is a statutory requirement under the Legal Profession Act for any lawyer who wishes to practise law in Singapore to first apply for and obtain a Practising Certificate (PC)," said a spokesperson of the Law Society of Singapore.
"A person without a practising certificate in force is an "unauthorised person" under the Legal Profession Act. As such, an unauthorised person who does any act as an advocate and solicitor is guilty of an offence and liable upon conviction to a fine not exceeding $25,000 (SGD) or to imprisonment for a term not exceeding 6 months or both, and in the case of second or subsequent conviction, to a fine not exceeding $50,000 (SGD) and imprisonment for a term not exceeding 12 months or both."
Before a practising certificate may be issued, a lawyer in Singapore is also required to satisfy various prerequisites, including obtaining compulsory insurance cover under the Law Society professional indemnity scheme.
Lawyers are generally not required to renew their certificate if they are retiring or no longer wish to practise as a solicitor - for example, if they're moving to a non-legal position.
Although this is one circumstance where renewing a practising certificate is not required, it might be a good idea anyway - according to the experts in last weeks' article - if the move into management isn't all roses, you can always settle back into legal life immediately.