Sep 2012 - The Law Society of Singapore

Transcription

An Official Publication of The Law Society of Singapore | September 2012
R
R
www.lawgazette.com.sg
President’s
Message
Blame it on the Bard?
In recent years, bankers, especially investment bankers,
have been getting the brick so much that the spotlight has
(temporarily) left the legal profession. This is despite the fall
of the new law firm of Dewey and LeBoef, and the many jokes
about it. Imagine a law firm that issued bonds? But imagine the
bankers that were prepared to buy the bonds?
The situation has got so bad for bankers that I am told that
lawyers are now rated two notches above the bankers on the
slime pole. But unfortunately for lawyers, there have been
more nasty jokes about lawyers than about bankers. Maybe
it is because the bankers came later (?), or maybe because
bankers had a worse sense of humour than the lawyers. In the
old days, lawyers could get disbarred, or even end up in jail.
But it has been recorded that a banker working in a Spanish
bank (I understand it is probably the oldest bank in the world
today) was executed in front of his bank for malpractices in the
medieval days. I have not been able to find any record of any
lawyer suffering the same fate in front of his office.
I guess the most well known of lawyers (at least in the Englishspeaking world) suffering the ultimate punishment is Sir
Thomas Moore, Lord Chancellor to King Henry VIII. He was
removed from his post and executed for not recognising the
King’s authority over the Pope. Sir Thomas did not make
his stand because of his love for the law, but because of his
religion – the Church (at that time still the Pope and Vatican)
did not recognise divorces, and his King was divorcing his wife
Catherine to marry Anne Boleyn. After this episode, King Henry
set up the Church of England, and hence thereafter, all English
monarchs were “Defenders of the Faith”.
Sadly, however, lawyers have been mentioned in popular
literature more for their vices than for their virtues, or at least
that is how we remember them. “The law is an ass” was how
Charles Dickens told it. Dickens was brought up in an England
where there was very little social justice, and the rich and
powerful exploited the law for their own ends. The full quotation
from Dickens (Oliver Twist) reads as follows: “The law is an ass
– an idiot. If that’s the law, the law is a bachelor; and the worst
I wish the law is, that his eye may be opened by experience
– by experience”. Frankly, I do not know why bachelors are
equated with lawyers, and in a bad light too. My apologies to
the bachelors amongst us.
But it is perhaps the fault of Shakespeare. After all, Shakespeare
was compulsory reading in my time, but not Dickens. We all
remember that nasty remark in King Henry VI: “The first thing
we do, let’s kill all the lawyers”. Obviously, Dick the Butcher (who
made that remark) did a bad job, because there were lawyers
still around for Shakespeare to malign in Measure for Measure
and The Merchant of Venice, and other plays. Indeed, most of
Shakespeare’s plays have some unkind words about lawyers
or the law. The problem in Shakespeare’s time, as it was later
in Dickens’ time, was that the law was always identified with
the rich and the powerful. Lawyers were often tools for getting
rid of poor tenants, for sending debtors to prison (in those days
debtors were sent to jail for failure to pay their debts), and for
sending poor children to the gallows for stealing bread (I am
repeating a popular perception: English historians say that
although the law did allow children to be hanged, there is no
record of any children being hanged for stealing a loaf of bread).
In politically-charged cases, many innocent people were swept
up together with the guilty and charged in special Courts like
the Star Chamber or before biased Judges like Judge Jeffreys.
Many innocent people were sent to the colonies (where many
died along the way).
So in an environment such as that which the UK has had for
many centuries, it was perhaps not surprising that writers would
portray lawyers and the law in a bad light.
But lawyers have also been in the forefront of reforms, such as
Lord Wilberforce’s fight against slavery. Unfortunately, his fight
against slavery did not get into popular literature. Lawyers have
also been in the forefront of struggles for freedom, democracy
and the end of tyranny and cruel government. But while we
have “Medecins Sans Frontières" (Doctors Without Borders),
we do not have the equivalent for lawyers. Neither do we have
the equivalent of a lawyers’ Red Cross. Is it because lawyers
have lesser inspirations and aspirations than doctors?
Continued on page 4
Singapore Law Gazette September 2012
Contents
President’s
Message
Blame it on the Bard?
01
Diary and Upcoming Events
Council and Committee Bulletin
Law Society's LawCare Scheme
Mass Call 2012
05
06
07
09
Mediation Advocacy for Civil Disputes in the Subordinate Courts: Perspectives from the Bench
When Should Video Conferencing Evidence be Allowed? Setting Up an India Focussed Private Equity Fund in Singapore: A Broad Overview
14
Disciplinary Dos and Don'ts — Remember to Listen, Verbalise and Sensitise
The Young Lawyer — Amicus Agony
The Young Lawyer — Teaching – As Told by Teachers Themselves
34
36
37
Lifestyle
Alter Ego — Love and Conversations
Travel — Okinawa – An Unearthed Gem of the Orient
Book Shelf — Why a Robot Cannot be a Good Lawyer 39
41
45
Notices
Disciplinary Committee Reports
Professional Moves Information on Wills
46
48
50
51
News
Features
Columns
Appointments
The Singapore Law Gazette
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communitty by sustaining a
competent and independent Bar
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ensures access to justice.
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Mr Leo Cheng Suan
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Ms Kuah Boon Theng, Ms Eng Yaag Ngee Rachel, Mr Thio
Shen Yi, SC, Ms Lisa Sam Hui Min, Mr Michael S Chia,
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President’s
Message
Continued from page 1
No, I do not think so. I think medicine is non-political in essence.
The human body is the same everywhere. Treatment is also
very much the same everywhere, and drugs and medication
have truly crossed boundaries. But the law unfortunately lies in
the political area of human endeavours. And not every country
has the same legal system. Former British colonies will have
the Common Law as the foundation for their legal systems, and
former colonies of the European mainland would follow very
much the Civil Law system. But sadly, some of these former
colonies of Britain and the rest of Europe do not follow the legal
systems of their former colonial masters.
So, lawyers who attempt to intervene in other countries run the
risk of being arrested and even killed. Some get killed even
within their own country. So times have changed, and lawyers
are now very much in the forefront of social change and the
fight for social justice. Will we have a new Bard who will write
plays extolling the virtues of lawyers?
► Wong Meng Meng, Senior Counsel
President
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News
Diary & Upcoming Events
Diary
3 August 2012
Seminar on Drafting of Corporate Legal Opinions
Organised by the Continuing Professional Development
Committee and the Publications Committee
4.00pm-6.00pm
NTUC Business Centre
6 August 2012
Visit by Bar Association of Queensland
3.00pm
22 August 2012
Biennial Forum 2012: “Surviving and Thriving in the
Law”
Jointly organised by the Singapore Academy of Law and
the Law Society of Singapore
5.45pm-7.00pm
Supreme Court Auditorium
25 August 2012
7 August 2012
The Inaugural “Practice of Law” Networking Event
Jointly organised by the NUS Law Faculty, NUS Career
Centre and the Law Society of Singapore
5.00pm-7.30pm
National University of Singapore
13 August 2012
Visit by President of International Bar Association
One Day Cycling Trip to Sungai Renggit
Organised by the Social and Welfare Committee
Sungai Renggit, Johor Bahru
30 August 2012
Seminar on Back to Basics and into the Future
Organised by the Continuing Professional Development
Committee
9.00am-12.30pm
Grand Park City Hall
Upcoming Events
7 September 2012
"Who Moved My Cheese?" – Support for Professional
Services in Changing Times
22 October 2012
Public International Law Lecture
11, 18, 25 September, 2 & 9 October 2012
Paralegal Certification Course (9th Run)
9 November 2012
Annual Dinner & Dance
12-14 September 2012
Pro Bono Week
16 November 2012
DeepaRaya Lunch
21 September 2012
CLAS 101 – Tour to Police Heritage Centre
24 November 2012
22 September to 17 November 2012
Piala Pala Bowling Tournament
Inter-Professional Games 2012
4 & 5 October 2012
Alternative Dispute Resolution Conference: The 5Cs of
ADR (Collaboration, Communication, Consensus, Cooperation and Conclusion)
25 November 2012
Charity Golf Tournament
News
Council and Committee Bulletin
Council and Committee Update
Law Society’s Feedback to the Public Consultation
on the Bioethics Advisory Committee’s Draft
Ethics Guidelines for Human Biomedical
Research
The Law Society provided written feedback on 15 August
2012 to the Bioethics Advisory Committee (“BAC”)
concerning the public consultation on the BAC’s Draft
Ethics Guidelines for Human Biomedical Research. The
feedback may be viewed on the Law Society’s website
(www.lawsociety.org.sg > Quick Links > Feedback in
Public Consultations).
Article on “Publicity of Law Practice in Online
Forums, Blogs and Other Social Media Platforms”
For the benefit of members, the Law Society’s Ethics
Committee has published an article titled “Publicity of
Law Practice in Online Forums, Blogs and Other Social
Media Forums” in the August 2012 issue of the Singapore
Law Gazette. This article discusses generally the ethical
guidelines which a law practice should abide by when
publicising itself in online forums, blogs or other forms of
social media.
Follow-Up on Dialogue Session with the Syariah
Court
The Muslim Law Practice Committee, together with
members, attended a dialogue session with the Syariah
Court on 20 July 2012.
The Muslim Law Committee has updated members on
several issues which were raised during the dialogue:
1. The Syariah Court has clarified that registration of
visitors to SYC and TMP is required as part of the
security measures to ensure access control as well
as to facilitate contact tracing.
2. For urgent applications, the Registrar of the Syariah
Court will set aside four 15-minute slots on Fridays
from 3pm to 4pm to hear such applications effective
21 September 2012.
3. Members may contact Ms Jamariah from MUIS for
assistance to access Syariah Appeal Board Cases
dating from 2011 onwards.
www.lawsociety.org.sg has been revamped!
The Law Society is pleased to announce the launch of our revamped website
on 5 September 2012.
The revamped website promises a host of improvements with a clean,
uncluttered look and enhanced features to better meet your professional
and practice needs, including the following:
• Intuitive navigation;
•
Quick links for easy access;
•
Streamlined menus;
•
Homepage with at-a-glance information: Events & Seminars, News &
Media, and E-publications;
•
Member-focused section with all the information you need at one
location; and
•
Newly introduced Young Lawyers’ page.
We hope you will find the revamped website your indispensable resource
partner for practice information and more.
The website will be updated regularly with latest practice news, legal updates and upcoming events. We welcome feedback;
please drop us a mail at itadmin@lawsoc.org.sg.
Visit www.lawsociety.org.sg today!
News
Counselling: An Antidote for Stress
Because Life is to be Enjoyed, Not Endured
If you find yourself often gritting your teeth or clenching
your fists, chances are your satisfaction in work and/or
life is impinged. Ms Juliana Toh, Clinical Director of the
Counselling and Care Centre, recounted her experiences
working with professionals facing difficulties managing work
and life issues, in an interview with the Law Society. Juliana
has been a counsellor for 28 years. With a long and varied
track record of successfully helping troubled souls get back
on the right track of life, Juliana is no stranger to all sorts
of problems facing a working professional, be they work,
personal or family-related issues. When asked whether
there is any one-size-fits-all advice that she could give to
a troubled soul, Juliana was more than happy to share the
simplest antidote to all problems in life – maintaining a life
giving mindset.
Maintaining a Positive Mindset
Skeptics will no doubt point out that a positive attitude may
not solve every problem. While this is true, Juliana believes
that a positive attitude will make any problem solving
exercise a more pleasant experience. Foremost and most
importantly, Juliana highlights that as a first step towards
solving any problem, a person must be able to recognise
that he or she is facing a problem. It is important, thereafter,
to realise that there is always help available and to know
where to seek that help.
When a person is faced with a problem where resolution
seems out of reach, seeking help is a perfectly normal
response. Juliana emphasises that it is a common
misconception that seeking help is a reflection of an inherent
weakness. It is also this misconception that usually deters
people from opening themselves to available help. To this,
Juliana advises that it is in fact a necessary component of a
person’s self-care to seek help when faced with a problem.
Everyone should be responsible for his or her own physical,
emotional and mental well-being.
LawCare
To support the well-being of its members, the Law Society
has for many years operated a LawCare scheme, where
the Counselling and Care Centre is engaged to provide
counselling services to members of the Society. The cost
of the counselling services is borne by the Law Society, and
members are assured that consultation with a counsellor at
the Counselling and Care Centre is on a strictly confidential
basis. The services provided by the Counselling and Care
Centre under the LawCare scheme are as follows:
1. Individual psychotherapy;
2. Marital counselling;
3. Conciliation services for couples considering separation
or divorce; and
4. Family therapy.
The interview with Juliana centred on the most common
problem faced by many professionals at work – stress.
While stress from work is invariably present, Juliana
advises that stress should at all times be properly managed
as it is usually a catalyst for small problems to evolve into
more serious problems. Juliana recounted to us a most
unfortunate incident that she had encountered where a
counsellee was unable to effectively manage his/her stress
levels which eventually led to his/her death. Juliana strongly
advises against taking the problems of stress lightly. As no
man is an island, Juliana reiterates that a person who is
facing a problem must be willing to take the step of seeking
help.
The following is an extract of the discussion between the
Law Society and Juliana on stress-related issues faced by
working professionals, including lawyers, whom Juliana has
counselled.
What are the causes of stress?
Juliana: Every job is stressful in its own way. Generally,
people will feel stressed when they have difficulty making
the transition to meet demands, be it from their superiors,
colleagues or customers/clients. Even if a person has the
ability to deliver on and satisfy the demands, that person will
most likely have elevated stress levels if he/she is subjected
to time constraints to finish his/her work. Hence, when the
demands on a person increase, his or her stress levels will
also increase; if he or she is not able to adequately meet
the demands, stress levels will be even more elevated.
People also feel stressed when they have difficulty coping
with changes in work or in life, and this can potentially lead
to even more stress if not handled well.
What do you think is a common cause of a lawyer’s
stress?
Juliana: I believe that stress is an inherent part of being in
the practice of law. I assume that part of the cause of stress
is that a lawyer has to deal with his/her client’s demands.
Clients are invariably persons who are stressed themselves
because they are in some trouble or require a problem to be
solved, and they in turn translate that stress onto the lawyer
who is tasked to solve their trouble or problem.
News
Most lawyers I have encountered have a strong sense
of responsibility towards their clients and the nature of
the work may involve highly complicated and challenging
demands which, sometimes, the lawyer has no control over.
It is this sense of responsibility, to do the best they can and
to leave no stone unturned, which leads the lawyer to push
themselves harder and harder to try and solve the problems
within what are usually tight time constraints.
This probably explains my observation that lawyers tend to
think a lot and are constantly anxious, worried and rushed.
It seems everything is an emergency and must be done
now, not later.
Juliana Toh (right) at a mock counselling session at the Counselling and Care Centre
If a lawyer is unable to manage such demanding situations,
an undesirable snowball effect may occur. For example, a
lawyer may be stressed from the demands of work and thus
spend an exorbitant amount of time on it; the unintended
consequence is that the lawyer will be neglecting his/her
family and its attendant demands, which in turn might lead
to conflict between the lawyer and his/her family, creating
even more stress for the lawyer.
work. Lawyers, however, may have very high expectations
of themselves or are driven by a strong sense of self, and
generally seem to take it upon themselves to excel in
everything they do. They seem to be driven by negativity
in many cases as they believe that they are not as good
as their peers. Or perhaps because they have to meet
the expectations of their superiors. Whatever the reason,
I notice that they neither seem to want to ask for help nor
delegate work. In the long run, for a person who has to fulfill
multiple roles in life, such behaviour or attitude towards
work may create an immense amount of stress which the
person may not be able to cope with.
It must be remembered that we cannot control many things
in life; we can only learn how to manage them effectively.
How does counselling help to relieve a person of
stress?
What are some of the problems that might occur if
stress is not properly managed?
Juliana: A session with the counsellor usually takes about
an hour. The counselling sessions will help to identify the
source of stress, as well as effective ways to manage it.
A counsellor can assist a person to look at things from a
different perspective. Having someone to talk to, on a
confidential basis, especially for people who have no one
to talk to or are simply too embarrassed to confide their
problems in the company of their friends, can be a great
stress reliever.
These are by no means all the common causes of a lawyer’s
stress. There are others.
Juliana: It seems that lawyers set very high expectations of
themselves. Perhaps it is because of the nature of their job
or that they tend to believe that they are expected to be a
high-achiever in life.
As I have observed earlier, lawyers tend to be constantly
anxious, worried and rushed. Their psychological wellbeing is under constant battering. Constant psychological
pressure on a person can cause the body to break down
physiologically, affecting the overall mood of the person,
leaving him/her irritable and emotionally cut off. It may cause
him/her to lose sleep and appetite. In some scenarios, it can
even lead to depression.
When this happens, the person should seek help. Many
people, however, do not do so. Instead, they may choose to
bottle up their frustrations, vent it on their family and friends,
or resort to unhealthy addictions like alcohol. This can end
up hurting personal and family relationships.
What do you think lawyers are really bothered about?
Juliana: A lawyer plays many roles. For example, he may be
a defence counsel for his client, a husband, and a father to
his family. This lawyer has to juggle his responsibilities well.
To do this, he may require the help of others, especially at
► Krystel Ee
Executive Officer
Communications & Membership Interests
Law Society’s LawCare Programme
Any Law Society member may apply, by prior
appointment, to seek counselling at the Counselling and
Care Centre, Mondays to Fridays during office hours.
There is no charge for the service and counselling is
kept strictly confidential.
Block 536 Upper Cross Street
#05-241 Hong Lim Complex
Singapore 050536
Tel: 6536 6366
News
Mass Call 2012
Mass Call 2012
The Law Society of Singapore congratulates 363 petitioners who were admitted as advocates and solicitors of the Supreme
Court on Saturday, 28 July 2012.
Please refer to the Law Society’s website (www.lawsociety.org.sg > For Members > Admissions and Training Contracts >
Admission of Advocates & Solicitors > 28 July 2012) for the list of petitioners.
News
Mass Call 2012
ise
About the Conference
This inaugural Conference aims to promote awareness of Alternative Dispute Resolution (ADR) processes and to help you
learn how to make ADR work for you and your clients. It is proudly presented by the Singapore Judiciary, the Law Society
of Singapore, the Singapore Mediation Centre, the Singapore Academy of Law and the Community Mediation Centre of the
Ministry of Law. The Keynote Address will be delivered by The Honourable The Chief Justice Chan Sek Keong.
The 2-day Conference will include a Public Forum, plenary sessions and concurrent sessions, with more than 40 speakers
participating in a variety of topics on ADR. The main plenary sessions include:
1. The Future of ADR in 2020
& Panel Discussion
by Mr Michael Leathes (Honarary Chair, International Mediation
Institute)
by Justice Belinda Ang, Mr Wong Meng Meng SC, Associate
Professor Joel Lee
2. Public Forum: Amicable ADR and You
by Chief District Judge Tan Siong Thye, Associate Professor Ho
Peng Kee, Member of Parliament Ms Ellen Lee and Mr Lok Vi Ming SC
3. Comparative ADR in the Asia-Pacific
by Mr Campell Bridge (Australia), Ms Sou Chiam (Hong Kong),
Ms Gunavathi Subramaniam (Malaysia), Mr Loong Seng Onn
(Singapore), Judge Montri Sillapamahabundit (Thailand)
by Senior District Judge Leslie Chew, Mr Michael Leathes and
Associate Professor Ian Macduff
& Panel Discussion
3. Collaborative Law : Resolving
Disputes Without Trial
& Panel Discussion
by Ms Catherine Gale (President, Law Council, Australia)
by Justice Judith Prakash, Senior District Judge Foo Tuat Yien,
Ms Malathi Das and Mr Yap Teong Liang
The following are some concurrent sessions featured at the Conference (non-exhaustive):
1. International Commercial Arbitration: International Access to Justice – The Cross-Border Solution
2. Collaborative Law Workshop
3. Mediation Advocacy – Getting the Best Results for your Clients without Going to Trial
4. Lawyers as Negotiators – The Good and Bad news
5. ADR and the Criminal Justice System
6. Developing Family Arbitration
7. Mediation: Evaluative, Facilitative or Both
8. Mediating the Moment – Using Intuition as a Guide
9. Through the Mirror of Experience – Advanced Mediation Tools and Techniques
10. Two More Cs – Conflict Coaching
No. of Public CPD Points: 12 Points
Practice Area: Alternative Dispute Resolution
Training Level: General
For the full Conference programme and further details of the speakers to be featured in the event, please visit our Conference website at: http://www.lawsociety.org.sg/conference/ADR. For queries, please contact the Conference Secretariat at
5Cs@lawsoc.org.sg or 6530 0230/ 239.
About the Public Forum: Amicable ADR and You (5 October 2012)
Please note that registered Conference delegates will be permitted to attend the public forum and the ADR Awareness
Exhibition as part of the two-day Conference programme. CPD points accreditation will not be available for registrants
attending the Public Forum only.
Fighting it out in Court
Is it really necessary?
Settle your problems without going to Court
Amicable ADR & You
Date: 5 Oct 2012 (Open to the public)
Time: 9.00 am – 11.00 am
Supreme Court of Singapore
1 Supreme Court Lane, Singapore 178879
Registration Fee: $10
(inclusive of a tea-break and a goodie bag)
Find out how to use Alternative Dispute Resolution (“ADR”) to resolve
your conflicts amicably and to reduce the costs involved. ADR is
an alternative to Court hearings or litigation, and has been used to
effectively resolve personal and business conflicts in Singapore and
globally.
Hear from the experts
This public forum features presentations by distinguished speakers
including Associate Professor Ho Peng Kee, the Honourable
Member of Parliament Ms Ellen Lee, the Honourable Chief District
Judge Mr Tan Siong Thye and Mr Lok Vi Ming, SC.
Feature
As Alternative Dispute Resolution (“ADR”) rides a growing wave of interest in
Singapore, it is gradually becoming a crucial feature of our legal system. Every
lawyer may eventually be required, at some point, to advise and represent his client
at mediation. What makes a good mediation advocate and how does mediation
advocacy differ from trial advocacy? This article provides some guidance from the
Bench’s perspective.
Mediation Advocacy for Civil Disputes in the
Subordinate Courts: Perspectives from the Bench
Introduction
The New Lawyer: How Settlement is Transforming the
Practice of Law by Julie MacFarlane was reviewed in the
May issue of the Law Gazette, in conjunction with the
introduction of “Presumption of ADR” for civil disputes in the
Subordinate Courts. MacFarlane describes the emergence
of a new advocacy focusing on holistic problem-solving.
The reviewer posed a series of pertinent questions for the
Singapore legal profession, “[W]e are all familiar with the
popular notion of litigation lawyers as rights warriors. But
the litigation lawyer as a conflict resolver? Is he or she an
imaginary character or an emerging reality?”
We suggest that the litigator fulfilling the role of conflict
resolver can and should be a growing reality within
Singapore. There are, admittedly, challenges posed by
the long-standing adversarial culture within the legal
profession. Even lawyers who would like to act differently
may feel pressured to reciprocate the adversarial approach
used by others. Notwithstanding this tradition, it is evident
that a “litigation first, negotiation later” model is not always
appropriate. The increasing popularity of Alternative
Dispute Resolution (“ADR”) processes in many jurisdictions
may also be indicative of litigants’ growing desire to have
greater control and personal involvement in resolving their
disputes. Further, other modes of advocacy have emerged
that treat litigation as one of many other modes of conflict
resolution. Lawyers have now devised “planned early
negotiation processes” to separate the negotiation and
litigation processes.1 In view of all these developments, the
crucial question confronting the legal profession is whether
we should retain a litigation-centric model or adopt a more
holistic mode of advocacy.
In this article, we explore an advocacy model in which
negotiation is attempted first before litigation. We also share
our views on how lawyers can make use of ADR processes
to assist them in negotiation. We will focus particularly on
how the mediation process can be best harnessed to meet
the parties’ needs.
Assessing the Case with the Client
Before deciding on the most suitable ADR process, the lawyer
has to analyse the case together with the client and develop
a settlement strategy that meets the client’s goals. Lawyers
are probably accustomed to conducting this initial exercise
with their clients. A comprehensive case assessment aimed
at resolving the conflict holistically should include more than
legal advice. In this connection, reference can be made to
an early assessment toolkit designed by the International
Institute of Conflict Prevention and Resolution.2 This toolkit
highlights several crucial steps such as identifying the main
concerns of the parties, conducting a cost/benefit analysis,
determining a possible settlement range and establishing a
settlement strategy.
Choosing the Mode of Dispute Resolution
The parties could attempt unassisted negotiation before
commencing legal action. Without prejudice meetings could
be arranged between the parties and their representatives,
or with the assistance of lawyers.
Once a civil action has already been commenced in the
Subordinate Courts, the following modes of assisted
negotiation may be considered:
1. Mediation in the Courts’ Primary Dispute Resolution
Centre (“PDRC”) or the Singapore Mediation Centre;
Feature
2. Neutral Evaluation in PDRC; or
An earlier article in the Law Gazette explained the different
ADR options more thoroughly.4 More information on all
these options is also provided on PDRC’s website, at http://
www.subcourts.gov.sg, under “Civil Justice Division –
Court Dispute Resolution/Mediation”, and Law Society’s
website at http://www.lawsociety.org.sg/lsas/.
3. Law Society Arbitration Scheme.
The Subordinate Courts encourage all parties to consider
using these modes of dispute resolution at an early stage of
the proceedings. Since 28 May 2012, all cases in which a
Defence has been filed (except motor accident and personal
injury cases) will be called for pre-trial conferences (“PTC”)
six months after the Writ has been filed.3 The principal aim
of this PTC is to discuss ADR options. Where a summons
for directions (“SFD”) application has been filed before this
time, the parties will not be called for a PTC. Prior to this
PTC or SFD, the ADR Form has to be completed by all the
parties, to: (i) certify that the benefits of ADR have been
discussed between lawyer and client; and (ii) indicate their
decision concerning ADR. At the PTC or SFD, all cases
will be referred for ADR as a matter of course unless one
or more parties opt out of ADR. The ADR Form provides
clients with information on each mode of dispute resolution
and how to choose the most suitable mode.
Mediation Advocacy
Given the popularity of mediation,5 the rest of this article
focuses on how a lawyer can obtain the best results for his
client at mediation at PDRC.
Mediation advocacy differs radically from trial advocacy
because the objectives of mediation and litigation are
different.6
The diagram below provides guidance on how to choose a
suitable mode of dispute resolution:
Mediation
Joint problem solving
Focus on future solutions
Litigation
Adversarial focus
Determining fault based on
the past
Deals with legal and nonlegal issues
Advocate needs to persuade
ALL parties
Advocate has to work
together with the Neutral
Deals only with legal issues
Advocate needs to only
persuade the Judge
Neutral only has to be
persuaded
Which option should I use to resolve the dispute?
I want to control how the
dispute should be resolved
I want someone else to decide the
outcome of the dispute
I need to know my
likelihood of success
I want to
maintain confidentiality
I want a
public hearing
Mediation
Neutral Evaluation
Parties’ top choice
Judge gives an opinion on your
likely chances of success
Fast < 90 - 120 days
9 / 10 cases settle
You control how to settle the case
Simplified Procedure
Public Vindication
You get a binding decision
To set a new legal precedent
(in PDRC)
Free
Free
Fast
Arbitration
Trial
(by Law Society)
Confidential
BUT...
Suitable for tenancy / construction disputes
BUT...
May involve more time and costs
compared to mediation
BUT...
No guaranteed cutcome
May not have guaranteed outcome
Win/Win
Confidential
Fast
Preserves Relationships
Not settled
May involve more time and costs
compared to mediation
BUT...
Costly
settled
Proceed for trial / arbitration
Dispute resolved
Long
Highly Stressful
Feature
In litigation, each party strives to persuade a neutral
Judge that his contentions are right. This approach leads
to exaggeration and escalation of the dispute. This is the
antithesis of mediation advocacy, which focuses on an
appreciation of mutual interests, reconciliation and joint
problem solving.
In view of these differences, the role of the lawyer is drastically
different in mediation than in a trial. Many commentators
assert that in order to represent clients effectively at
mediation, lawyers need to adopt “mediation advocacy”.7 As
one author puts it, “the advocate partners with the mediator
in creating productive working relationships without losing
sight of getting what the client wants”.8 Adopting positional
tactics will not advance the mediation, and will do little in
establishing credibility with the mediator. For instance, while
the lawyer may emphasise the strength of his client’s case
at the start of the mediation, it does not help to repeatedly
highlight the merits of the case, constantly rebut the other
party’s points and aggravate the mutual hostility between the
parties. In addition, being antagonistic towards the opposing
party and counsel is usually unproductive. The lawyer also
does not assist by focusing merely on his client’s legal
positions when it is more important for the parties to have a
broader conversation about their respective concerns. 9 In
short, the mediation advocate has to exercise a much wider
set of skills and focus on a broader spectrum of issues than
in litigation. We elaborate below on some of these crucial
skills.
Preparation for Mediation
How should a lawyer prepare for mediation in PDRC? The
following checklist may serve as a guide:10
Context Setting
Prepare client to adopt the right expectations for mediation
1. Explain the mediation process.
A key part of preparation is to guide the client on what to
expect from the mediation and what attitudes to adopt.
The lawyer could go through the ADR Form with the
client or a video produced by PDRC in order to explain
the mediation process.11 It is particularly important for
the client to understand that the outcome of mediation
is decided by the parties themselves, and not the
mediator.
2. Guide client on mindset to adopt for mediation.
The client has to come to mediation with an attitude
of openness and respect for the other party. This will
make it easier for the mediator to facilitate a fruitful
conversation between the parties about their needs and
possible solutions.
3. Role of the lawyer.
The lawyer should explain how his primary role in
mediation is not to advance his client’s case on its
merits. Instead, he would help the client communicate
his needs, facilitate negotiation with the opposing
party and assess possible solutions.
Analyse the client’s case
1. Issues in dispute and client’s position.
This involves the usual factual and legal analysis of the
case with the client.
2. Client’s underlying concerns.
It is essential that the lawyer also helps the client discern
the underlying concerns that have prompted the legal
case. A client’s motivations for seeking a legal remedy
could include maintaining a business, preventing
financial loss, protecting one’s reputation or a desire
for appreciation. The lawyer has to assist the client
in analysing his needs, as a settlement arrived at
mediation must ultimately satisfy these concerns.
Analyse opposing party’s case
1. Opposing party’s position.
2. Opposing party’s underlying concerns.
It is equally important to discern the opponent’s likely
interests. The parties’ common concerns may then be
evident, and lead to creating a settlement that satisfies
all the parties.
Feature
Discuss likely outcome at trial
Be punctual for mediation
Discuss possible solutions
Meet the client at least 15 minutes before the mediation.
This gives time for the parties to settle into the Court setting
and clear any queries. Mediation can also begin on time. It
is not acceptable for counsel to be late for mediation, as it
not only shows disrespect for the Court and the parties, but
calls into question the sincerity of the party in resolving the
dispute.15
There has to be an honest assessment of whether litigation
is a better outcome than arriving at a settlement. The
lawyer should explore with the client the best and worst
case scenarios of litigation, taking into account the cost of
litigation.
It is good practice to brainstorm for possible ways (including
non-monetary options) to settle the dispute.
Practical Issues
Negotiation strategy
1. What should be the opening offer?
After thinking through the issues above, the lawyer and
client should be able to determine a possible range of
settlement outcomes. An opening offer should be based
on the client’s concerns and best estimation of your
client’s chances of success at trial. An opening offer
should also be credible – one that will not be perceived
as insulting, and will continue to keep the opponent
engaged in the negotiation dance. Be prepared to
provide a justification for the offer.12
2. What documents have to be exchanged?
Discovery may not be completed at the time of the
mediation. If certain key information is necessary for a
more productive mediation, you may consider having
limited exchange of documents with the opponent on a
“without prejudice” basis.
3. Who should attend the mediation?
The client’s representative should have the authority
to settle the dispute. If the representative has to
consult another person to obtain the final mandate
to settle, the client should ensure that this person is
contactable during the mediation. During mediation,
the representative takes a more active role than the
lawyer in speaking. He should preferably be a capable
spokesperson who is confident enough to negotiate
directly with the other party.13
Submit opening statement at least two working days
before mediation
The format for the opening statement has been prescribed
in the Practice Directions.14
PDRC’s Mediation Process
Counsel ought to be familiar with the mediation process
conducted in the PDRC in order to prepare their clients
adequately for mediation.16 The general structure of a
mediation conducted in the PDRC is as follows:
1. Preliminary meeting with counsel.
2. Joint session:
a. Mediator’s Opening Statement; and
b. Party Presentation, Agreement on Issues and
Negotiation.
3. Private meetings.
4. Final Joint Session.
The role of and/or recommended practices for counsel
in each of the abovementioned stages will be elaborated
below.
Preliminary Session with Counsel
Where parties are represented, the mediator would usually
meet counsel alone before the joint session. Counsel should
use this preliminary session to achieve the following:
1. Build rapport with the mediator.
It is critical at the outset for the advocate to communicate
an intention to buy into the process and work with the
mediator to broker a settlement. A lawyer who takes
an overly aggressive stance during this preliminary
session only serves to signal to the mediator that that
lawyer either has a poor understanding of the mediation
process and settlement dynamics, or is a likely
obstruction to settlement. In either event, the lawyer
loses credibility.17
2. Case presentation.
Counsel would usually give a brief presentation of his
client’s case with the aid of the opening statements. It
is useful to narrow the scope of dispute by highlighting
areas of agreement and disagreement.
Feature
3. Give the mediator a sense of the underlying
dynamics between the parties and key concerns of
the parties.
At the start of the mediation and in the absence
of their clients, counsel may be expected to have
more freedom to share with the mediator about the
personalities, the negotiations thus far, the underlying
dynamics (eg, degree of tension between the parties
and causes of such tensions) and the concerns of the
parties. This information will make the mediator more
perceptive to sensitive areas and allow the mediator to
adopt the most effective strategies.
Counsel could also take this opportunity to give their
joint input on potential solutions. Counsel may make
a strategic choice to inform the mediators what their
current offers are (and yet withhold information on the
exact range client is prepared to settle).18
4. Discuss and clarify structure of mediation process.
Counsel may also use the preliminary session to
propose the best way to conduct the mediation, such as
the sequencing of joint and private sessions.
Joint Session
During the first joint session, the mediator will deliver his
opening statement with all parties present. The primary
purposes of the opening statement are to allow the mediator
to set the tone for the mediation and to explain the mediation
process.
After the mediator delivers his opening statement, he will
invite the respective parties to share their perspective on
the dispute in the presence of the other. Each party will
have a chance to speak on the various issues at hand. This
part of the initial joint session is crucial for: (i) each party to
hear and understand each other’s perspective; and (ii) the
mediator to gain an understanding of the overall situation
and the personalities involved. During this first joint session,
counsel should:
1. Allow their clients to speak for themselves as far as
possible.
It is an opportunity for the client to build rapport with
the mediator because they have not interacted before,
and to communicate directly with the other party.19 The
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best pitch to the other party. The tone of the opening
pitch should strike a balance between an interest in
settlement and a willingness to litigate.20 Mediation is
an interactive process where the communication of
feelings, verbally, and by body language, can convey
sincerity. Client presentations, when well delivered,
give the opponent an opportunity of appreciating how
the other party perceives the situation.21
2. Support and guide the client during the client’s
opening presentation.
If the client has missed out any important point, chip in
at the end of the client’s presentation.22 Counsel should
not regurgitate the pleadings.
3. Refrain from interrupting the other party or adopting
a combative approach.23
4. Listen carefully to the underlying concerns of the
other party.
Counsel should work together with the mediator to
search for potential areas of mutual interests and
agreement. The following approach is useful in this
regard: (i) Ask why. The lawyer has to put himself in
the other party’s shoes and ask why he would be taking
a particular negotiating position. What could be the
desires, concerns, fears and hopes behind it? (ii) Ask
why not. Again, the lawyer has to put himself in the
other party’s shoes and ask why he has not embraced
his client’s negotiating position. What desires, concerns,
fears and hopes are precluding it? Are they legitimate
and if not, what can the lawyer do or say to help the
other party see that they are not legitimate? If they
are legitimate, what can the lawyer advise his client,
to modify the negotiating position so that the other
party’s needs and interests can be better satisfied?24
It is particularly useful if counsel is able to help their
client understand the other party’s view by re-framing
the other party’s views using neutral language.
5. Help clients brainstorm for possible solutions that
meet the parties’ needs.
Parties may be ready during the joint session to
suggest various options, or they may choose to discuss
this privately with the mediator. Counsel should make
a strategic decision on whether options should be
suggested in the presence of all parties at the joint
session, or only after checking with the client at the
private session and discussing with the mediator ways
to convey the offer.
Counsel can assist their clients in converting the
identified interests into options, preferably for the mutual
gain of each party. Counsel should aid the mediator by
employing the following common techniques:
a. Separate the people from the problem. Counsel
ought to encourage parties to suspend their
personal animosities and instead focus on their
common problem at hand.25 Set the problem aside
from the egos and the personalities and thereafter,
work with the mediator and the other party/counsel
to attack the problem.
b. Focus on interests, not positions. Parties should
be helped to move from being entrenched in
their positions to exploring whether and how their
interests are better served.26
c.Invent options for mutual gain, where the
mediator can lead a process for parties to consider
possibilities for settlement which might better
promote their interests.27
d. Work on objective criteria to substantiate a
solution, rather than subjective or emotional bases
by parties.28
Private Meetings
This part of the mediation process involves the mediator
meeting each party and his/her lawyer in separate sessions.
The private meeting has three purposes, namely: (i) to
discover the parties’ attitudes, interests and motivations
which they may not be prepared to share at joint sessions;
(ii) to explore options and the litigation alternative in the
absence of the other party; and (iii) to coach the parties and
prepare them for subsequent joint sessions.
Counsel is expected to fully contribute to the generation of
solutions.29 Clients are likely to face crucial decisions during
this time and may experience inner tensions as they consider
settlement or its alternative. Counsel ought to understand
the underlying dynamics and provide constructive advice to
facilitate a considered decision by the client. In a private
meeting, counsel ought to:
1. Help to generate more options for the clients to
consider.
Counsel should be careful not to reject new settlement
options too quickly. It is not uncommon for clients to
disclose new interests or change their priorities in
the course of mediation. A settlement that once was
unworkable may, with time, become acceptable.30
2. Analyse the advantages and disadvantages of
the options on the table in comparison with the
possible outcome at trial.
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Feature
This is a good opportunity to work with the mediator to
have an honest discussion of whether a trial will meet the
client’s needs. The mediator may ask parties to consider
their best and worst case scenarios of litigation, taking
into account the cost of litigation and consider whether
settling the case is more preferable.31The client has to
weigh any options put forward in the mediation in light
of his concerns and the likely outcome at trial.
3. Help the client to make reasonable offers to facilitate
settlement.
However, counsel should ensure that the client does
not disclose to the other party more than what he set
out to do. At the end of each private session with the
mediator, state clearly to the mediator what can or
cannot be disclosed to the other party.32
4. Work together with the mediator to achieve optimal
results.
Counsel may use a variety of methods to work together
with the mediator:
a. Counsel should demonstrate that her client’s initial
offer is reasonable. The mediator will be more
willing and able to get the results the lawyer wants
if she believes the lawyer’s position is reasonable
and supported by objective criteria.33
b. The advocate and client may want to share sensitive
information about the details of the dispute and
possible outcomes.34 Information is power. Counsel
need to consider when to release and when to
withhold such information.
c. The advocate and the client need to think through
how they want to convey settlement possibilities
to the other party. For example, the mediator is
an excellent conduit through which creative but
potentially risky solutions can be communicated.
Often, information conveyed by an opposing
counsel is met with suspicion and hostility. The
mediator is neutral and viewed as neutral so having
him/her relay your client’s proposals to the other
party usually comes across better. Further, the
mediator may package the proposal in a more
objective manner to the other side.35
5. Provide emotional support to the client who may be
facing difficult decisions.
6. Help to coach his client on what to say to facilitate
settlement at later joint sessions.
It is good practice for counsel to use the “down time” – when
the mediator is meeting with the other party – to review the
position with his client and consider various options. During
this time, counsel should also consider with the client any
new information the mediator may have conveyed that
suggests new settlement options.36
Joint Session Concluding the Mediation
Where there is a settlement, counsel must check that no
terms are omitted and that the settlement is both viable and
enforceable. Care is needed as any failure to comply with
the settlement terms by any party entitles the other party to
enforce the settlement as a Court order without the necessity
of another hearing.37 In this respect, he should work with
his counterpart to ensure that the terms are drafted with
clarity, covers all the agreed items and includes potential
contingencies. He should check that his client understands
all the terms, their implications and that his client agrees to
them.
If the parties cannot resolve their dispute via mediation, the
case simply proceeds to trial before another Judge who was
not involved in the mediation. In that event, counsel should
be prepared to discuss with the PDRC Judge the next steps
and/or directions to be given to bring the matter to trial.
Conclusion
This article has set out the essential differences between
mediation advocacy and adversarial advocacy. The failure
to appreciate these differences can hinder settlement or
result in an agreement that is less than optimal for the
client. Lawyers, who have been trained and primarily
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Feature
practise as litigators, must be conscious of the effects of the
adversarial model and be vigilant that they do not operate
subconsciously out of it during mediation.
As ADR develops and becomes increasingly entrenched in
our justice system, every lawyer, at some point, may be
required to represent his clients at mediation. It is hoped
that this article provides a meaningful guide for lawyers on
mediation advocacy.
► District Judge Dorcas Quek
► District Judge Kenneth Choo*
Primary Dispute Resolution Centre, Subordinate Courts
*The authors would like to acknowledge and express appreciation
to their colleagues in the Primary Dispute Resolution Centre for their
contributions to the contents of this article.
Notes
1
One such process is the collaborative model of lawyering, in which lawyers represent
each party in negotiating an agreement. If the parties eventually decide to litigate, the
collaborative lawyers will withdraw from the case and the parties will hire separate
counsel for litigation. See John Lande, Lawyering with Planned Early Negotiation:
How You Can Get Good Results for Clients and Make Money (American Bar Association
Section of Dispute Resolution, 2011), Chapter 1.
2
Available online at http://www.cpradr.org/Portals/0/Home/CPRECAToolkit2010.
pdf.
3
See Practice Direction No 1 of 2012 on the Subordinate Courts’ website at http://
www.subcourts.gov.sg under “Legislation and Directions”. More information on this
change is also available at under “Civil Justice Division – Court Dispute Resolution/
Mediation”.
4
Dorcas Quek and Seah Chi-Ling, “Finding the Appropriate Mode of Dispute
Resolution in the Subordinate Courts: Introducing Neutral Evaluation in the
Subordinate Courts”, Singapore Law Gazette 21 (November 2011), available at http://
www.subccourts.gov.sg, under “Civil Justice Division, Court Dispute Resolution/
Mediation”.
11 The video and other online information on mediation are available at http://
www.subcourts.gov.sg under “Civil Justice Division – Court Dispute Resolution/
Mediation”.
12
For more tips on making the first offer within the Zone of Possible Agreement, see
Deepak Malhotra and Max H. Bazerman, Negotiation Genius: How to Overcome
Obstacles and Achieve Brilliant Results and the Bargaining Table and Beyond (Bantam
Books, 2008), Chapter 1.
13
Jeffrey G. Kichaven and Vicki Stone, Preparing for Mediation 18 Litigation 40 ABA
(1991-1992).
14
Paragraph 25F and Form 9J of the Subordinate Courts Practice Directions, available at
http://www.subcourts.gov.sg under “Legislation and Directions”. More information is
also available at the Subordinate Courts’ website under “Civil Justice Division – Court
Dispute Resolution/Mediation”.
15
See Angelina Hing, “Dos and Don’ts for Mediation”, Singapore Law Gazette, May
2010 (7).
16
This practice is equally applicable to mediation at the Singapore Mediation Centre. See
George Lim Teong Jin, “The Role of Lawyers in Mediation – A Singapore Perspective”,
Singapore Law Gazette, September 2000 (2)
17
See James K.L. Lawrence, supra note 6, pp 430-431.
18
See above, supra note 12, on deciding on a suitable opening offer.
19
Ibid, p 438.
20
See Michael Lewis, supra note 7, p 7.
21
See Marcus Stone, supra note 7, p 162.
22
See George Lim Teong Jin, supra note 16.
23
For an in-depth coverage of the competitive and co-operative advocacy techniques
available within a mediation and suggestions for when to use them, see Peter Robinson,
“Contending With Wolves in Sheep’s Clothing: A Cautiously Cooperative Approach
to Mediation Advocacy”, 50 Baylor Law Review, p 963. See also Kimberlee K. Kovach,
Mediation, Principles and Practice (West Publishing Co, St Paul, Minn, 1994), p 89.
24
Fisher, Ury & Patton, Getting to Yes: Negotiating Agreement Without Giving In (2nd Ed),
p 44.
25
Ibid, pp 37-39.
26
Ibid, pp 40-55.
27
Ibid, pp 70-76.
28
Ibid, pp 82-92.
29
The mediation process is a fluid model. The optioning techniques identified in the
earlier section on “Joint Session” may be employed in this step as well, insofar as the
parties are in the process of generating options.
5
Mediation has been shown in many jurisdictions to be the most popular option
for resolution of disputes. See Donna Stienstra and Elizabeth Plapinger, ADR and
Settlement in the Federal District Courts: A Sourcebook for Judges and Lawyers (Federal
Judicial Center and CPR Institution for Dispute Resolution, 1996) p 4, noting that
mediation has emerged as the primary ADR process in US Federal District Courts.
30
6
See James K.L. Lawrence, Mediation Advocacy: Partnering with the Mediator, 15 Ohio
State Journal on Dispute Resolution 425, pp 426-427.
31
See Fisher, Ury & Patton, supra note 24, pp 99-105.
7
Marcus Stone, Representing Clients in Mediation, (Butterworths, 1998), pp 95 -97.
See also, Michael Lewis, Advocacy in Mediation: One Mediator’s View, ABA Dispute
Resolution Magazine, 2:3, Fall 1995, 7; and James K.L. Lawrence, supra note 6 p 431.
32
See George Lim Teong Jin, supra note 16.
33
See James K.L. Lawrence, supra note 6, p 438.
34
8
See James K.L. Lawrence, supra note 6, p 431.
35
9
See Marcus Stone, supra note 7, pp 95-96.
See George Lim Teong Jin, supra note16. See also James K.L. Lawrence, supra note 6,
p 441 for more techniques in partnering with the mediator.
10
Eric van Ginkel, Mediation Advocacy: Preparing for Successful Mediations, Presentation
at the 83rd Annual Meeting of the State Bar of California, 24 Sept 2010, available
at http://www.businessadr.com/EvG/Preparing_for_Successful_Mediations.html; See
Michael Lewis,, supra note 7, p 7; and International Institute of Conflict Prevention
and Resolution, Corporate Early Case Assessment Toolkit, supra note 2.
36
37
See the Court of Appeal’s seminal decision of Lock Han Chng Jonathan v Goh Jessiline
[2008] 2 SLR(R) 455.
Feature
Applications for leave to allow witnesses to give evidence by videoconferencing
are becoming more common in our Courts, yet the applications tend to be decided
on the basis of the Court’s discretion, which in practice means the Court’s view in
the light of the facts of the particular case. Yet, there is a body of jurisprudence that
has emerged in England, which may give useful guidance to the legal profession in
Singapore. This paper will analyse that case law and formulate some basic principles
to indicate what are the factors which Courts should consider before granting such
applications.
When Should Video Conferencing Evidence be
Allowed?
begun by writ by the evidence of witnesses shall be
proved by the examination of the witnesses in open
Court. (Emphasis added).
Introduction
Advances in technology allow witnesses to give testimony
via video conferencing (“VCF”) with greater visual and
audial clarity than ever before. But in stark contrast, how
the Courts decide whether VCF evidence should or should
not be admitted is often relatively unclear. References are
casually made to factors in favour or against it, depending
on the facts of each case. But the Courts rarely address this
question with a comprehensive, fully structured approach.
Section 62A(1) of the Evidence Act (Chapter 97) contains
the statutory basis for one of these exceptions; the use
of VCF evidence. However, the parties are not entitled to
use this as of right but must instead make an application
seeking leave from the Court to do so.
This article will first examine the statutory basis for VCF
evidence. It will then look at factors that the Courts have
considered when deciding applications for its use. Finally,
the authors will propose a series of questions that the
Courts could ask themselves when deciding future VCF
applications. These questions are based on factors that have
arisen in case law, and are intended to form a framework
to aid judicial decision making. As things currently stand,
the Courts exercise a large amount of discretion, yet have
offered relatively little guidance on how this should be
exercised.
Basis for Allowing VCF Evidence
Order 38 rule 1 of the Singapore Rules of Court contains the
general principle that witness evidence should be given in
person, in Court. However this general principle is subject to
an important caveat, which is introduced in the provision’s
opening line:
Subject to these Rules and the Evidence Act (Chapter
97), and any other written law relating to evidence,
any fact required to be proved at the trial of any action
When considering such applications, the Courts ask an
initial threshold question: does this application fall under
any of the four preliminary grounds for using VCF evidence?
These four preliminary grounds are listed in s 62A(1) as
follows:
Evidence through live video or live television links
62A.—(1) Notwithstanding any other provision of
this Act, a person may, with leave of the court, give
evidence through a live video or live television link
in any proceedings, other than proceedings in a
criminal matter, if1 —
(a) the witness is below the age of 16 years;
(b) it is expressly agreed between the parties
to the proceedings that evidence may be so
given;
(c) the witness is outside Singapore; or
(d) the court is satisfied that it is expedient in
the interests of justice to do so.
Feature
This article is only concerned with the Courts’ decision
making in the context of sub-section (c): the witness is
outside Singapore. In fact, it is likely that this is the most
commonly cited reason for using VCF evidence. The
drafters of the Evidence Act certainly thought that this
provision warranted extra attention since it is the only
preliminary ground for which the Evidence Act provides a
statutorily guided second stage of questioning.
The issue before the House of Lords was whether the
appellant should be allowed to testify via VCF from
France, in order to further his English civil proceedings,
notwithstanding that he was a fugitive from justice in the
American criminal proceedings. The House of Lords’
discretion was based on the very vague and widely phrased
language of Part 32.3 of the Civil Procedure Rules, which
states as follows:
Parties seeking to rely on sub-section (c) should take particular
notice of these extra factors. The imperative wording of
s 62A(2) demonstrates that the Courts are obliged to
consider these factors, and it would, therefore, be highly
inadvisable for parties not to have regard to s 62A(2):
(2) In considering whether to grant leave for a witness
outside Singapore to give evidence by live video or
live television link under this section, the court shall
have regard to all the circumstances of the case
including the following:
(a) the reasons for the witness being unable to give
evidence in Singapore;
(b) the administrative and technical facilities and
arrangements made at the place where the witness
is to give his evidence; and
(c) whether any party to the proceedings would be
unfairly prejudiced.
(Emphasis added).
But although this provision states that a Court shall consider
these three factors, it is important to note that the Courts are
not limited to only considering these three. They are only
three of many which might affect whether VCF should or
should not be allowed in any particular case.
The local Courts have, therefore, looked to English case
law to consider what other factors might also influence their
decision making. And in English jurisprudence, no case has
had a larger impact on this area of law than the landmark
2005 House of Lords decision in Polanski v Conde Nast
[2005] UKHL 10 (“Polanski”).
Polanski
The appellant in this case was the Academy Award winning,
French/Polish film director Roman Polanski. In 1977,
the appellant was convicted in the US but fled before
sentencing. He then resided in France from where he could
not be extradited to the US. Many years later, the appellant
brought a claim for libel against the respondent publishers
before the English Courts. The appellant refused to give
evidence in the UK for the purpose of his libel case because
he would risk extradition from the UK to the US.
32.3
The court may allow a witness to give evidence through
a video link or by other means.
This clearly does not give any guidance on when the Court
should allow this to happen. Accordingly, both the majority
and minority decisions referred to the commentary in Annex
3, para 2 of Practice Direction 32. This Annex is meant to
supplement CPR Pt 32. It is the closest thing to criteria (or
at least guidelines) which were available to the Court in
Polanski. Delivering the majority decision, Lord Nicholls of
Birkenhead paraphrased the commentary at [11]:
11. One matter is clear. There can be no doubt that,
as between Mr Polanski and Condé Nast, the judge’s
order was rightly made (to allow him to testify via video
conferencing). The Practice Direction supplementing
CPR Part 32 provides that when the use of video
conferencing is being considered a judgment must
be made on cost saving and on whether use of
video conferencing ‘will be likely to be beneficial to
the efficient, fair and economic disposal of the
litigation’. As between the parties that test is satisfied
in the present case.
(Emphasis added).
The highlighted words from the Practice Direction are not
identical to s 62A(2) of the Evidence Act, but they do contain
the same general message. Both give guiding principles
based on practicality and fairness but otherwise do not
impinge on the Courts’ very wide discretion. Using these
guidelines, Lord Nicholls highlighted various factors that
affected his decision in favour of allowing VCF evidence.
These factors were as follows:
1. The appellant had bona fide reasons for bringing the
case in that jurisdiction (England), and he appeared to
have done so in good faith. There was no issue of the
libel action being an abuse of the English Court process.
The respondent did not suggest that the appellant’s
choice of England as the forum for his proceedings
was improper. In all respects, the case had been
brought bona fide before the English Courts because
the appellant had suffered damage to his reputation in
England. (Polanski at [12]).
2. All involved agreed that the respondent would not suffer
any prejudice if the appellant gave his evidence by VCF.
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Feature
As Lord Nicholls noted: “A direction that Mr Polanski’s
evidence may be given by means of video conferencing,
or ‘VCF’ in short, would not prejudice Conde Nast to
any significant extent… Conde Nast does not suggest
otherwise.” (Polanski at [12]-[13]).
3. The appellant would suffer much prejudice if VCF
evidence was not allowed. Unlike the respondent who
had no real concern whether the order were given or
not, the appellant would “be gravely handicapped in the
conduct of these proceedings” if VCF evidence were
not allowed. (Polanski at [15]).
4. There were public policy reasons in favour, as well as
against, the use of VCF evidence. Both sides could rely
on strong public policy arguments. On the one hand,
public policy suggested that the Courts should not help
a party that does not obey the law yet, it also suggested
that everyone should have the right to bring a civil action
if his rights are infringed. With such strong arguments
on both sides, public policy appeared to take a back
seat in favour of the practicalities of the case. (Polanski
at [17]).
Bearing these in mind, the House of Lords (by a 3-2
decision) allowed the use of VCF evidence.
To differing extents, these factors have since become
influential. The second and third factors are almost
consistently cited and are amongst the most important
factors that Courts take into account. When cited, the fourth
has so far only come down in favour of allowing VCF. The
Courts appear to have decided that public policy almost
always favours VCF evidence over no evidence at all,
even when there are public policy reasons strongly against
allowing it, as per Polanski. The first factor is likely to crop
up where there are issues of forum shopping, though this
has not often occurred in the case law.
Additionally, it is submitted that other factors which were
relied upon by the minority should also be instructive
in the Courts’ decision making. Whilst the majority’s
conclusion accorded with that of Eady J in the High Court,
the minority’s conclusion accorded with the decision of the
Court of Appeal. These minority opinions could, therefore,
have easily been the majority if the case had come before a
differently constituted House of Lords.
Like the majority, the minority considered the prejudice that
each side would suffer if the order were or were not granted.
The minority also considered the case management and
public policy considerations in favour and against, though
ultimately concluding that the policy considerations against
granting the order were stronger. But in addition, Lords
Slynn and Carswell considered the following two factors,
which were not addressed at all by the majority:
1. The fundamental reason why the appellant wanted to
use VCF evidence was because he was a fugitive. The
minority looked at the application at its most basic level
and asked “why does the applicant want to give his
evidence by VCF? Why is he not testifying in person?”
The answer to this wider, more general question, was
that the appellant was a fugitive. It was not because
the journey would be too expensive or disruptive for
the appellant to give testimony in London in person. It
was because he was a fugitive and did not want to be
subject to criminal proceedings in England.
2. The choice of the jurisdiction was in the appellant’s
hands. The appellant was the claimant in this case and,
therefore, had the choice of where he wished to bring
the proceedings. He then chose a jurisdiction in which
he was not willing to testify in person. There would have
been more sympathy for the appellant if he had been
the respondent because these proceedings would have
been brought against him. The choice of jurisdiction
would have been forced upon him by the other party.
But in this case, it was not.
As mentioned above, these factors were ultimately not
included in the majority opinion. Nonetheless, there is no
reason why the Courts should not take them into account if
they are important factors in later cases, or at least include
them as matters for consideration.
English Cases Since Polanski
Many cases since Polanski have re-examined the
circumstances under which VCF evidence should be
allowed. These cases often relied on the above factors,
thereby re-establishing their importance. For example, the
Queen’s Bench Division of the High Court in Marketmaker
Technology Limited & Ors. v CMC Group Plc & Ors
[2008] EWHC 1556 (QB) (“Marketmaker”) directly applied
the principles from Polanski at [42] to [69]. Even in the
criminal/disciplinary case of Dr Robin Edward Lawrence v
The General Medical Council [2012] EWHC 464 (Admin)
(“Lawrence”), involving a different statute for VCF, the
Queen’s Bench Division of the High Court again relied on
Polanski to determine the reasonableness of using VCF (at
[57] to [106]).
But there are other cases which have highlighted factors in
addition to those from Polanski. These factors might also
be relevant in other cases and are, therefore, interesting to
examine:
1. AG of Zambia v Meer [2006] 1 C.L.C. 436 – The Court of
Appeal considered the expense and cost that would
be incurred to hear testimony from Zambia via VCF.
Feature
The Court noted that the less developed infrastructure
in Zambia meant that large, additional costs would have
to be incurred in order to use the VCF technology.
2. Bank of Credit and Commerce International SA v Rahim
[2005] EWHC 3550 (Ch) (“BCCI v Rahim”) – The
Chancery Division of the High Court asked whether the
person giving VCF evidence was also a party to the
proceedings, or only gave testimony as a witness.
If a witness is not a party, he is not compellable and the
Courts are more likely to allow the use of VCF.
3. K v K [2005] EWHC 1070 (Fam) – The Family Division
of the High Court considered the time at which leave
to use VCF evidence is sought. If this is only asked for
at the very last moment, the Court should be disinclined
to grant it.
4. McGlinn v Waltham Contractors Limited (Westlaw
citation: 2007 WL 763659) (“McGlinn”) – The High
Court (Technology and Construction Court) considered
two additional factors: was the weight of the witness’
evidence of crucial importance or only ancillary?
If it was only ancillary, it would be less important that
the person appear in person and, therefore, the Court
would be more likely to allow VCF. Second, the Court
also asked whether there was a real, as opposed to
fanciful reason why VCF evidence is being sought.
If only fanciful, the Court would clearly be less inclined
to grant the application for VCF.
Many of these factors are not completely distinct from the
grounds in Polanski and could, to a greater or lesser extent,
be subsumed with earlier identified factors. But others are
very distinct and certainly deserve to be considered in their
own right.
Singapore Cases Applying Polanski
While the local Courts have followed their English
counterparts, the extent to which they will continue to follow
them is unknown. At the very least, we know for certain that
they have approved of Polanski itself. V K Rajah J (as he
then was) expounded the benefits of using VCF evidence in
the High Court decision of Peters Roger May v Pinder Lillian
Gek Lian [2006] 2 SLR(R) 381 (“Peters Roger May”), where
he positively cited the Polanski decision at [26] and [27]:
The easy and ready availability of video link nowadays
warrants an altogether different, more measured and
pragmatic re-assessment of the need for the physical
presence of foreign witnesses in stay proceedings …
The advent of technology however has fortunately
engendered affordable costs of video-linked evidence
with unprecedented clarity and life-like verisimilitude, …
the availability and accessibility of video links coupled
with its relative affordability have diminished the
significance of the “physical convenience” of witnesses
as a yardstick in assessing the appropriateness
of a forum … I also find it heartening that my
preferred approach in endorsing the convenience,
affordability and reliability of video-linked evidence
is amply supported by some observations made in
the very recent House of Lords decision in Polanski
v Condé Nast Publications Ltd [2005] 1 WLR 637.
(V K Rajah J then quoted from Lord Nicholls of
Birkenhead and Lord Slynn of Hadley)
“27 The respondent has not advanced any arguments,
cogent or otherwise, why adducing evidence by video
link in this case would be in any way inconvenient,
unsuitable or prejudicial”.
(Emphasis added).
The subsequent decision of John Reginald Stott Kirkham
and others v Trane US Inc. and others [2009] 4 SLR(R)
428 before the Court of Appeal (in which V K Rajah JA sat
on this occasion) reaffirmed the above passage at [39],
including the excerpts from the speeches of the Law Lords
quoted above.
These two cases demonstrate that the local Courts have
adopted Polanski and appear open to the idea of using
VCF. However, they have not expressly stated whether they
differ from the post-Polanski cases, or whether they agree
with these further English developments.
There is no reason why the local Courts should not adopt
the post-Polanski case law. They have not given any reason
as to why they would depart from them. While none of these
cases have strong precedential or persuasive value they
can, and (it is submitted), should, take heed of them when
deciding similar cases.
A Proposed Approach
The above case law suggests that, while the normal
method of giving oral evidence is in person, there is no
strong presumption that this must be the preferred method
if there are reasonable grounds advanced in support of an
application to give evidence via VCF. The considerations
that will influence the Courts to decide such applications
appear to be largely practical rather than doctrinal, and
the main question is “will the applicant gain an advantage
which, in the circumstances of the case, will be unfair?”
In the view of the authors, the Courts may wish to approach
this by asking themselves the following questions:
Feature
1. Does the applicant genuinely believe in the grounds
which he advances for his reasons why he is unable
or unwilling to come to the forum of the hearing?
This is a straightforward threshold test. Courts should
not entertain an application which is not made in good
faith. For example, applications made at a very late
stage might suggest that the applicant is only seeking
to gain a procedural advantage and acting in bad faith.2
The Courts might also be suspicious of an application
where the applicant himself chose the jurisdiction over
other, more suitable alternatives. However, in practice, it
will not be easy to make a positive finding of fact against
the applicant on this point, especially on the basis of
written witness statements only, and most Courts have
in fact given the benefit of the doubt to applicants.
have to be measured against the other considerations
listed below.
It should be noted that the unattractiveness of the
witness’ reasons for wishing to give VCF does not of
itself make the reason invalid or illegitimate. Indeed, in
Polanski, Lord Hope stated (at [59]): “... But now that
we are looking for a general rule, I would hold that the
appellant’s case falls within the generality of cases
where the fact that the claimant wishes to remain outside
the United Kingdom to avoid the normal processes of
law in this country is not a ground for declining to allow
him to remain abroad and give his evidence by VCF.”
On the other hand, Courts must also consider whether
the applicant is seeking to derive an unfair advantage
over the other party or otherwise commit an abuse of
process. However, the Courts have said on more than
one occasion (Polanski at p 647; Lawrence at [105])
that a witness, particularly one who is a litigant, in fact
puts himself at a disadvantage in terms of establishing
his credibility by subjecting himself to VCF and the
risks of poor quality of VCF transmission. An additional
observation is that a VCF witness-litigant will also suffer
a disadvantage if he remains in his remote location, away
from his legal team when he is prosecuting the case.
This is because he will not be able to give instructions
as the evidence of the other witnesses is presented. It
should also be borne in mind that giving evidence by
VCF from locations with extreme time differences from
that of the forum may result in a disadvantage for a
witness who has to face lengthy cross examination late
in his time zone. Furthermore, when a witness gives
evidence by VCF, his facial features and reactions are
often magnified to a greater extent to a tribunal or Court
viewing his evidence if a large high definition screen
is used, and this will address the concerns of Counsel
who insist on being able to see “the whites of his eyes”
of a witness under cross-examination. Accordingly, the
balance of advantage will normally be neutral, if not
adverse, vis-a-vis the witness in a remote location.
2. Even if he does, is his belief fanciful?
There must be an objective, as well as a subjective,
basis for the application. However, the bar will not be
a high one, as the decided cases have usually also
given the benefit of the doubt to the applicant where
the expressed fear is of the loss of personal liberty or
property.3
3. Do his reasons amount to the furtherance of a valid/
legitimate personal interest of the witness?
Even if the witness has a genuine belief in the reasons
for his aversion to giving evidence in person, and
such belief is not fanciful, the Courts still need to
assess whether that reason should objectively be
regarded as a valid reason which should (subject to the
considerations set out in the following questions) allow
VCF evidence to be given.
It will be a matter for the Court’s discretion to determine
how low the threshold will be set. But there is an indication
from Peter Rogers May, where V K Rajah J stated that:
“(i)f sufficient reason is given why the actual physical
presence of foreign witnesses cannot be effected, a
court should lean in favour of permitting video-linked
evidence in lieu of the normal rule of physical testimony.
Sufficient reason ought to be a relatively low threshold
to overcome and should be assessed with a liberal and
pragmatic attitude”.
For example, a witness’ wish simply to remain in his
home town to attend a good friend’s birthday dinner
on the date of the trial might not be considered
sufficiently valid in itself. Yet that wish might be worthy
of consideration if the occasion were a milestone event
in his own life, such as his silver or golden wedding
anniversary. But even if that reason were to pass the
threshold criterion, the quality of that reason would still
4. How important is the evidence of the witness in
relation to the outcome of the critical issues of the
case?
In every such application, there will be competing
interests which have to be balanced. The more
important the witness’ testimony, the greater the need
to demonstrate that the interests of justice will not be
prejudiced by allowing the witness to give VCF evidence.
Expressed differently, the more important the witness’
testimony, the greater the need to demonstrate that the
use of VCF evidence will not diminish the Court’s ability
to analyse the witness’ testimony. However, Polanski
and the cases following it have emphasised that there is
Feature
no inherent disadvantage in cross-examination by VCF,
which is now a regular feature of Court proceedings.
Accordingly, the criticality of the evidence of the witness
will not normally be a factor against the application,
and may even, for reasons expressed in the case law
above, militate in favour of VCF evidence.
5. What prejudice will be suffered by the opposing
party if the witness gives evidence via VCF?
This is an important consideration that must be
balanced against the needs or wishes of the witness.
Inevitably, the standard argument raised by the cross
examining party in all the reported cases has been (at
least in part) about the perceived advantages of cross
examining a witness in person, rather than by VCF.
However, the English Courts have repeatedly stated
that cross examination by VCF is not in itself prejudicial
to the cross examining party. Accordingly, the argument
that the evidence of the witness in question is critical
and, therefore, cross-examination must be face to face
should find no favour with the Courts.
6. What prejudice will be suffered by the party
presenting the witness for VCF evidence if the
application is not allowed?
This has often proved to be a vital element in the
equation, especially if the witness is a party in the action
and/or his evidence is critical to the determination of
a material issue in the case, and the consequence of
the decision to disallow his VCF evidence is that he
does not give evidence at all. This has usually been
considered to be determinative of any balance of
prejudice in favour of the applicant.
7. What will be the wider consequences of allowing or
disallowing the application of the witness, both in
terms of public policy and the overall justice of the
case at hand?
This is the ultimate determining factor. The highest
value is normally placed on the right to a fair trial to
each litigant, however unattractive his position may
be. So if denial of an application for VCF evidence will
result in a litigant being denied the opportunity fully
to present his case with the witnesses at his disposal
(including himself), the approach has been that the
application will be granted, however unattractive the
reasons for the witness’ unwillingness to give evidence
in person; indeed, in some ways, the more unattractive
the argument, the greater the validity of the reason for
the application (Polanski and McGlinn are examples of
this phenomenon).
It is only when there is a competing public policy which
the tribunal finds compelling that the application may be
denied. Given that Polanski was a somewhat extreme
case where the House of Lords ( admittedly by a narrow
3-2 majority) found that a fugitive from justice was
entitled to give VCF evidence in order to avoid the risk
of arrest and extradition, it is not immediately possible,
in the absence of further examples from decided cases,
to say when such competing public policies might take
precedence over the need to allow a litigant to have a
fair trial by using all the forensic means available to him
under the applicable rules of Court.
It is, therefore, suggested that the above seven factors will,
in the vast majority of cases, set out the relevant questions
for examining the merits of an application to give oral
evidence by VCF. Whether such principles can be applied
to a similar application for leave to give oral evidence over
the telephone will be the next challenge.
► Michael Hwang S.C.*
► Anthony Cheah Nicholls**
Michael Hwang Chambers
E-mail: michael@mhwang.com
Michael Hwang S.C. is a Senior Counsel and Chartered
Arbitrator, as well as the Chief Justice of the Dubai
International Financial Centre Courts.
*
**
Anthony Cheah Nicholls is a trainee lawyer at Michael
Hwang Chambers.
Notes
1
Other than proceedings in a criminal matter (see Kim Gwang Seok v Public Prosecutor
[2012] SGHC 51, affirmed by the Court of Appeal in an oral judgment in May 2012).
2
The High Court in Marketmaker considered disallowing VCF evidence where the
application was made on the eve of the hearing. The opposing party argued that the
application was nothing more than a delaying tactic (ie, made in bad faith), and that
the lateness of the application demonstrated this while the Court was sympathetic to
this argument, ultimately, it held, on the facts, that the applicant had expressed his
wish to testify through video conferencing a considerable time prior to his application.
But for it is likely that the application would have been dismissed for lack of good
faith.
3
Other than Polanski, see BCCI v Rahim, where the witness was allowed to give
evidence via video link from Pakistan owing to, inter alia, his fear of possible arrest.
In Marketmaker, the witness was allowed to give evidence through video conferencing
because he could have been served with a bankruptcy petition and an order not to leave
the jurisdiction. The witness in McGlinn preferred not to come to the forum because
he might have been liable to pay a substantial amount in Capital Gains Tax.
Feature
This article provides an overview of some of the considerations that motivate and
influence the establishment of India focussed private equity funds in Singapore.
Setting Up an India Focussed Private Equity
Fund in Singapore: A Broad Overview
Singapore has, over the last few years, emerged as one
of the most investor and business friendly jurisdictions in
the world. This environment, coupled with a tremendous
economic boom and its role as a facilitator of regional trade,
provides Singapore a pivotal role in the longer-term Asian
economic rennaisance. The regionally focussed Financial
Services sector in Singapore is particularly vibrant –
playing host to a range of banks, investments funds, asset
managers, private equity, venture capital and hedge funds.
While India focussed private equity funds have been late
to the party, the Indian tax authority’s recent attempts to
pierce some of the complicated structures used to mitigate
the incidence of taxation, rumours of an attempt to rework the India-Mauritius Double Tax Avoidance Agreement
and recent developments in domestic Indian tax law have
resulted in an increase in the number of such funds being
formed in Singapore.
While the city state does not aspire to attract transient
funds, private equity funds with the aim of a sizable mid – to
long-term investment in India will find the tropical climate,
the “light touch” regulations, an efficient legal system and a
market savvy regulator extremely attractive.
The Fund
Private Equity ("PE") Funds in Singapore are typically set
up as limited partnerships or as private limited companies.
The choice of vehicle depends on various commercial
considerations including the nature of the fund, the
investments it proposes to make and the tax residency of
the investors. However, it has been our experience that
a limited partnership (an “LP”) is ideally suited to private
equity.
Modelled on the Cayman/Delaware structure, an LP affords
the individual partners limited liability, an easy mechanism to
exit from the investment, along with significant tax benefits
and a compliance regime that does not impose significant
transaction costs. Despite these advantages, many India
focussed funds continue to be formed as private limited
companies because an LP is not tax resident in Singapore.
Without a tax residency certificate, it is not possible to take
advantage of the efficiencies offered by the SingaporeIndia Comprehensive Economic Cooperation Agreement
(“CECA”). Such an approach, an attempt to fill a round
hole with a square plug, ignores the significant operational
efficiencies associated with an LP and the ease with which
an LP may adopt an investment structure that can avail of
the efficiencies afforded by the CECA.
The regulatory regime is predominantly independent of
the structure of the fund. The Securities and Futures Act
(the “SFA”) regulates investment funds and provides
detailed rules regarding the formation, management
and operation of such funds. The SFA also provides for
detailed exemptions in the case of certain funds and PE
funds typically fall within a “notification-based regime” that
exempt them from having to comply with many of the more
stringent requirements imposed by the SFA and, therefore,
regulatory and compliance related considerations do not
impose significant transaction costs.
The Fund Manager
Typically, funds engage either a fund management
company that may be part of a reputed asset manager
or a company formed by the principals. In the event the
principals seek to set up a fund management company,
such companies may also fall within the notification-based
regime, subjecting them to minimum regulatory scrutiny.
However, these minimum requirements include having two
employees resident in Singapore, maintaining an office in
Singapore and ensuring that management and control of
the fund management company is located in Singapore.
The cloak and dagger approach adopted in many offshore
jurisdictions is not appropriate in Singapore and substantive
compliance with the stipulated rules for an exempt fund
manager is mandatory.
The Comprehensive Economic Cooperation
Agreement
The CECA provides significant advantages to a fund that
is located in Singapore. Dividends issued by companies in
India are not subject to any further taxation in Singapore.
Further, subject to complying with substance requirements,
funds can take advantage of an exemption from the taxation
of capital gains.
Singapore Tax Considerations
While a comprehensive treatment of the taxation of funds
and fund managers in Singapore is beyond the scope of
this article, various incentive schemes issued by the Inland
Feature
Revenue Authority of Singapore render Singapore a tax
neutral jurisdiction to locate India focussed funds. Each of
these exemptions imposes compliance costs and to that
extent the appropriateness of obtaining these exemptions
must be commercially determined in each case.
Taxation of the Fund
If the fund is organised as an LP, any income is taxed at the
hands of the investor (regardless of whether the investor
is domiciled in Singapore or not) and not at the level of the
LP. Careful tax planning can ensure that the incidence of
taxation on the income of the investor is minimised.
If the fund is organised as a company, in the absence of
exemptions, the fund would be taxed at the rate of 17 per
cent of its net income. However, various tax exemptions
may be explored with a view to ensuring that a private
equity fund is free from all incidence of income tax.
Taxation of the Fund Manager
A Fund Manager, on the other hand, is subject to 17 per
cent income tax. If qualifying conditions are met under the
Financial Services Incentive (a scheme that provides tax
relief to fund managers), this exposure may be reduced
to up to 10 per cent of the net income. Do note that this
Msian Rules of Court ad - Half Page (SLG)_Layout 1 9/7/12 5:16 PM Page 1
The taxation regime is constantly being revised with a
view to ensuring that Singapore remains a jurisdiction that
is conducive to the formation of funds. However, given
a history of “enlightened government” and its role as a
regional trading hub, one can be reasonably confident that
the system of taxation in Singapore will not be drastically
revised to the detriment of investment funds located on the
island.
Conclusion
The Monetary Authority of Singapore is in the process of
implementing wide spread changes to the regulation of
investment funds and fund managers under Singapore law.
While these changes may increase the cost of forming a
fund in Singapore, we understand that the proposals ought
not to act as a material hindrance to any medium – to longterm fund with a focus on investing in the India story.
► Mathew Chacko
Kochhar & Co., Singapore
E-mail: mathew.chacko@kochhar.sg
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Columns
Disciplinary Dos and Don'ts
Remember to Listen, Verbalise and Sensitise
All lawyers, whether from large or small law practices, regardless
of what type of work you do – would need to have one thing in
common: to know how to build and maintain relationships.
The truth is that it is all too easy to get caught up in the demands
of work and give less and less priority to building relationships;
not just with clients but also with colleagues and fellow members
of the Bar.
In this increasingly competitive environment, a focus on cementing
relationships is critical, as broken relationships require time,
resources and costs to be expended to resolve these differences,
especially if they lead to claims and/or complaints.
To keep your client base going, you need to have long-term
clients and indomitable solicitor client relationships that will carry
you through challenging times and tight deadlines. Managing the
tight timelines of legal work requires undivided attention to your
practice. Separately, an allegation from anyone, whether client
or non client, taking issue over what you said or did is a diversion
that will put unnecessary strain on your time and resources.
The reality is that a business relationship is just like any other
relationship – it requires time and effort to maintain and cannot
be taken for granted. Indeed, making assumptions is often the
catalyst that precipitates a breakdown of many a relationship.
Additionally, relationships with other members of the Bar and
the congeniality within the profession where members can come
together to share common struggles, resources and best practices
are essential for mutual co-operation and paving the way to a
cohesive and empowered profession.
We share below various incidents where lawyers faced complaints
due to issues relating to alleged failures to deal professionally
with clients, third parties and fellow members of the Bar.
The Starting Point
The First and Most Important Question when Accepting
a Retainer – “Who is the Client?”
If you are dealing with someone who is not the actual client then
you are not even engaged by the client to begin with and may
be assuming that a solicitor-client relationship exists when in
fact your “client” is in the dark about the retainer. Acting without
proper authority has caused some lawyers to face uncomfortable
allegations from affected parties.
Multiple party retainer
The complainants (A, B and C) were co-leasees of a property. They
complained that LAW had purported to act for them in the sale
of the property when they had not instructed him to act on their
behalf. LAW alleged that he had been instructed by SMOOTHY
to act for him and the complainants in the sale. LAW explained
that as soon as he realised that the complainants disputed his
authority to act and had appointed their own lawyers in the
matter, he had written to the new lawyers to confirm that he had
no objections to the new lawyers taking over the matter. The sale
was completed and the complainants received their share of the
sale proceeds but the complainants were nonetheless unhappy
with LAW for acting in the matter without their authority in the first
instance. They could not understand how he could have tried to
act for them when there was no communication between them
and him to begin with.
LAW had apparently acted on the initial instructions of SMOOTHY
who was the son of two of the complainants and the ex-husband
of the other complainant. Divorce proceedings were apparently
underway between the latter and SMOOTHY. LAW had no idea
about the pending divorce proceedings until after the takeover
of the file by the new lawyers.
Instructions through estranged wife
Party X approached LAW to act for X and Y. Y was the estranged
spouse of X. LAW was to act for them in the sale of their matrimonial
property. X showed LAW an order of Court which stated that the
sale proceeds were to be paid solely to X.
LAW requested X to obtain Y’s signature to the warrant to act. X
gave some excuses and persuaded LAW to accept only a single
signature from X in the warrant to act appointing LAW to act for
X and Y. LAW wrote to the Housing and Development Board
(“HDB”) to inform that LAW acted for both X and Y.
HDB replied to LAW to say that another firm had written to HDB
to state that they were acting for the parties.
Upon further investigation, LAW discovered that X had forged
the order of Court. LAW withdrew from acting for both X and Y.
Y was angry that LAW had claimed to have acted for him when
he never even met him or spoken to him before.
Setting Boundaries
Your Status as a Lawyer Takes Dominance in All Your
Dealings and Sets the Standards Expected from All,
Whether Friends, Clients or Non Clients
In the course of interactions with many parties in your daily lives
it is axiomatic that to many, including personal acquaintances and
even opposing parties, it is your stature as a lawyer that lingers
in their minds and sets the standard for what they expect of you.
Blurring of lines
R and LAW were personal friends. R alleged that LAW, having
knowledge that R’s relative required special medical treatment,
had strongly encouraged R and the relative that the latter should
undergo specialised medical treatment for her condition in an
overseas jurisdiction. LAW’s wife was a nurse. R alleged that
LAW made many representations in respect of the arrangements,
expenses, etc in relation to the medical procedure which turned
out to be untrue.
R was unhappy that LAW had acted for his own benefit, in conflict
of interest and misused his position of trust which he enjoyed
with R to his own advantage.
Columns
Disciplinary Dos and Don'ts
The evidence suggested that R’s grouse against LAW was one
premised on R’s own belief that LAW was his solicitor and LAW
having introduced his wife to facilitate the medical procedure,
had taken on a responsibility for the shortcomings of the medical
procedure. It turned out the medical procedure led to R’s wife
developing complications in the course of treatment and incurring
medical expenses that exceeded what R expected would be the
likely cost.
Sounds like
COMP was a real estate agency which was involved in negotiating
the purchase of a property. SOL acted for the seller of that property.
COMP voluntarily parted with a cheque from the buyer for the
option fee to SOL in purported payment of the option fee.
There was a sudden turn of events when COMP informed SOL
that the buyer wanted to conduct “due diligence” checks on the
seller and wanted a return of the cheque for the one per cent
option fee. SOL took the position that as the seller’s lawyer he
was not at liberty to allow the buyer to resile from the purchase
and refused to release the cheque back to COMP under the
terms of the option.
SOL felt that he was properly in possession of the cheque and
was merely discharging his duty as the lawyer for the seller.
COMP representing the buyer, alleged that SOL had mis-conducted
himself and had committed various acts including:
1. Dishonesty by fabrication and misrepresentations;
2. Facilitating attempted cheating;
3. Improper use of professional standing;
4. Assisting in attempt to mislead as to state of facts; and
5. Offensive conduct.
SOL had made clear that he was acting for the sellers in the
intended sale and there was no dishonesty or fabrication or
cheating as alleged.
COMP also alleged that at a meeting with SOL, she was put
under pressure to proceed with the deal and was called a “slut”
by SOL. SOL denied this and stated that he had merely informed
her not to “slur” his client, the seller.
SOL maintained that he was merely advancing his client’s interest
as seller in the intended sale and there was no dishonesty or
fabrication or cheating as alleged.
Maintaining the Best Traditions of the Bar
Lawyers are Part of a Single Community that Should
Always be Linked Together by a Common Thread of
Professional Courtesy and Fairness Towards Each Other
In a small legal community such as ours, goodwill and graciousness
towards each other should be consistently extended in order to
maintain cohesiveness within the profession. To maintain this
sense of kinsmanship, it is important that a sense of fair play
and graciousness is shown towards one another.
Lawyer to be given a right of reply to intended affidavit
SOL had previously acted for MAN and his wife in relation to
certain trust matters. Subsequently MAN and his wife underwent
divorce proceedings and SOL continued to act for MAN whilst
ADV acted for the wife in the trust matter. SOL subsequently
discharged himself and MAN subsequently instructed another law
firm to take over conduct of the proceedings whereupon SOL filed
an affidavit stating that he was unaware that MAN’s wife was a
trustee or beneficial owner of certain shares in various companies.
ADV subsequently filed an application in Court to cross-examine
SOL on his affidavit filed in the trust matter. In the affidavit in
support of the application by the wife, it was stated that SOL
should “know for a fact whether” she held the shares in the
companies on trust for MAN notwithstanding that SOL claimed
otherwise in his affidavit. The application to cross-examine SOL
was served on SOL.
SOL was dissatisfied that ADV had not given him an opportunity
to respond to the intended allegations in his affidavit which had
already been filed which he considered to be a breach of r 71 of
the Legal Profession (Professional Conduct) Rules.
Parting ways
SOL was formerly employed as an Associate in LAW’s practice.
Owing to differences which led to a “falling out” between both
parties, SOL decided to leave LAW’s employ. On the last day of
SOL’s employment, among other things, LAW took offence at
what he alleged as SOL’s failure to return a certain file to LAW’s
practice and SOL’s lodgement of a police report against LAW
in response to LAW’s earlier report to the police on the alleged
theft of the file in question. LAW was also not happy with SOL’s
alleged representations to a potential client that he had jointly
set up the firm with LAW when LAW was in fact a sole proprietor.
It appeared that LAW had given a very short time for SOL to
handover the files. SOL explained that he had inadvertently
omitted to return the file and had sent the file back by post. The
file was a closed file which served no purpose to LAW. SOL
also explained that the potential client was sent the mail as part
of a marketing exercise to indicate his tie-up with LAW as SOL
felt that they shared more of a partnership relationship than a
partner-associate relationship.
Conclusion
These incidents highlight the importance of fostering good
relationships and keeping communication channels open in order
to avoid unnecessary complaints. Members are reminded that
as in any relationship, there must be a sense of mutualism and
willingness to give, share and listen in dealings with clients, third
parties, colleagues and fellow members of the Bar.
► Ambika Rajendram
Director and Head, Conduct Department
E-mail: ambika@lawsoc.org.sg
Columns
The Young Lawyer
Amicus Agony
Dear Amicus Agony,
Dear Think Am Underpaid,
I find the idea of criminal work very interesting but I hear
whispers that "there’s no money in it". The partner I work for
also has no interest in taking in such work. Does this mean
I will never get to try such a case?
With an increasing number of foreign firms setting up shop
on our shores, it is difficult to ignore the attractive pay
packages and benefits they can offer. The world is your
oyster. These foreign firms often come with impressive
credentials, global recognition and promise of exposure to
“sexy”, international work and big-name clientele.
Stealing Time for Crim,
John
Dear John,
You are not the only one who is curious about criminal work
but has never dabbled in it. Criminal law is quite specialised
and the burdens of a criminal lawyer very serious indeed
because it would be a matter of life and death for some
clients.
If you really would like to try out criminal work, you should
volunteer with the Law Society’s Pro Bono Services (http://
probono.lawsociety.org.sg/). There are many options
available now which you can read up on to find out
which is more suitable for you – Law Society’s Criminal
Legal Aid Scheme (“CLAS”), Supreme Court Assigned
Counsel Scheme, Supreme Court Amicus Curiae Scheme,
Association of Criminal Lawyers of Singapore’s Community
Court Assistance Scheme or even the recently launched
Law Society Pro Bono Research Initiative (note, this is by
no means an exhaustive list).
Needless to say, you should discuss your desire to volunteer
before you make a commitment with any of the schemes
available. You never know, the partner you are working for
may also have a similar desire to volunteer.
Yours Encouragingly,
Amicus Agony
Dear Amicus Agony,
I have been working for a local firm for three years now. Many
of my friends have moved on to work at large international
firms and now I am the poorest of them all, earning less pay
and working more hours. Head-hunters have been calling
me and approaching me on Linked-In. Should I just move
to a foreign firm?
As with everything else in life, there is more to your career
than the remuneration you receive. You will need to sit down
and consider not just the fact that you have options but the
type of options in front of you.
Start by writing down what is important to you in the shortterm, mid-term and long-term.
Next, consider the factors drawing you towards a career in
a foreign firm – ie, it should not be all about the pay. Think
about whether you see yourself working there in the longterm. If so, do you see yourself as a partner one day? What
area of practice will you be exposed to? This is important
because you do not want to pigeon hole yourself to one
specialisation so early in what can be a 45-year career.
Will you have work-life balance? Ask questions during the
interview about the clientele you will be working for/with and
the expected turnover time of work. Then, ask yourself what
is it that draws you to work in a local law firm? The same
questions you ask yourself vis the international firm apply
here as well.
Finally – ask around – speak to your seniors who have
moved on to work for foreign law firms, and to your seniors
who have stayed on in local firms. Hear what they have to
say.
Lawyering is hard work and can be taxing on mind, body
and spirit. Don’t be a sheep. You need to find a place where
you are comfortable working and develop your career in an
area that you are interested in, even if it happens to pay you
less. This will ultimately affect the quality of your practice
and sense of fulfillment in your legal career.
Hoping You Find the Fulfillment You Need,
Amicus Agony
Overworked,
Think Am Underpaid
Young lawyers, the solutions to your problems are now just an e-mail away! If you are having difficulties coping with the pressures of practice,
need career advice or would like some perspective on personal matters in the workplace, the Young Lawyers Committee’s Amicus Agony is
here for you. E-mail your problems to communications@lawsoc.org.sg.
The views expressed in “The Young Lawyer” and the “YLC’s Amicus Agony” column are the personal views and opinions of the author(s) in
their individual capacity. They do not reflect the views and opinions of the Law Society of Singapore, the Young Lawyers Committee or the
Singapore Law Gazette and are not sponsored or endorsed by them in any way. The views, opinions expressed and information contained
do not amount to legal advice and the reader is solely responsible for any action taken in reliance of such view, opinion or information.
Columns
The Young Lawyer
Teaching – As Told by Teachers Themselves
Six Little Known Facts about Teaching
This article is primarily intended for amusement and
any possible offence caused is entirely coincidental/
unintentional.
5. It is often “easier” to teach something you are passionate
about. If you don’t believe in the “stuff” you are delivering
to the class, they are probably not going to buy it either.
1. It is non-billable work. This means that no matter how
many tedious hours you might have spent ploughing
through those assignments (these are LAW students,
mind you … most of them happen to like writing … some
alot), or how many (extra) late nights you had to spend
typing what you hope is “constructive feedback” using
your office computer, all this effort does not translate to
actual timecost entries (read: does not go towards your
year-end bonus). It does not matter that the units of
time spent might have equated to what you spent doing
that piece of advice; the work is simply non-chargeable.
But you press on.
6. We often learn as we teach. We learn when students
pose questions we do not yet have answers to, we learn
from students who know things we did not, we learn
about them, and most of all, we learn about ourselves.
It is one of the most enriching experiences, to say the
least.
2. Students are never always interested in what you
are trying to teach. That’s a fact. You might be trying
to impart some age-old wisdom which you genuinely
believe to be The Secret (read: life-changing, and
specifically for the better), but you have to come to
terms with the very real and distinct possibility that
some students merely pretend to be intrigued or curious
about that topic for class participation brownie points.
Notwithstanding – and this would be the trademark of
a truly skillful teacher – it remains possible still, once
one has successfully sifted the genuine from the fake,
to impart (albeit in a more indirect manner) the original
life-changing message, and hopefully enough students
actually end up getting what is really going on in the
classroom. They figure out The Secret!
3. You are a direct influencer of your students’ fate. It
sounds incredibly grandiose, I know, but it is true that
any grade you award could ultimately be the determining
factor of whether that student gets a 2nd Upper or a 2nd
Lower. One seeks to be as “objective” as possible, but
knowing full well that marking is not a science, that
there is bound to be some level of subjectivity involved
in the process, simply causes the experience to be a
most nerve-wrecking one.
And then there is “mentorship”.
While “mentorship” is certainly not a term that is unique
to the legal profession, its significance to budding lawyers
cannot be over-emphasised. I am sure many of us can
attest to this.
When we started out in legal practice, each of us was
assigned a “mentor”. Perhaps even before that, we might
already have secretly emulated a particular personality in
the legal profession – that criminal litigator who is oft-cited
in the newspapers, that distinguished corporate lawyer in
that notable commercial practice with the swanky office in
the heart of Raffles Place, Ally McBeal, Denny Crane … the
list goes on.
When teaching, or mentoring, one does not choose which of
his/her students end up emulating that teacher (or mentor,
as the case may be). It just happens. Responsibility is thrust
subtly but powerfully, and it is up to the teacher/mentor then
to do as best as he/she can.
Without mentorship, however, one wonders how much
more painful it would be to survive the long and arduous
path that is legal practice.
Charmian Aw*
* Charmian Aw is a “young” lawyer who has been in private practice
for seven years, taught “Negotiation” at the National University of
Singapore for two semesters and is also active in tutoring “Negotiation”
in the Singapore Institute of Legal Education’s Part B course.
4. You may be able to pull the wool over a single person’s
eyes (“smoke” him, in student lingo), but this would be
close to impossible to achieve for an entire class of
students. One might die trying, but what transpires as a
consequence is not likely to feed a fragile ego.
Columns
The Young Lawyer
“Those Who Can, Do, Those
Who Can’t, Teach”
Daniel (back row, fourth from left) celebrating the end of exams with class of 2009/2010
– George Bernard Shaw
With respect to the literary genius, I disagree. To some extent
I have to, as I somewhat fall into Shaw’s latter category.
As an adjunct tutor, I have to juggle both a full-time practice
and a part-time teaching commitment . This is in addition to
being a semi-full-time husband, and an occasional friend.
From young I have always felt strongly that it is important
to teach. I have been fortunate to have been groomed by
wonderful and passionate educators, mentors, coaches and
bosses throughout my life. To a large extent, the tireless
and noble investments of these individuals have made me
the person I am today (flaws and all). I read an article in
The Straits Times recently where Member of Parliament,
Chen Show Mao, was asked why he wanted to give back
to society. His eloquent answer encapsulated everything I
have felt about teachers and my desire to be a part of that
process:
I didn’t spring forth from my mother’s womb fully formed
by my own talent and ambition. It took my parents who
made sacrifices and a whole community of teachers,
scholarship boards, donors, taxpayers and others to
give me an education and since I can’t pay them all
back, I hope to pay it forward.
I must confess, not all my motives are altruistic. I realised
early on that explaining and teaching legal skills properly
forces you to evaluate and reflect on the key components of
a skill, how best to use it, how best to execute it, and finally,
how best to improve in the future. This introspection has
contributed significantly to my (hopefully good) development.
It also imparted in me a lifelong yearning to learn and
improve my skill sets. In this way, by explaining to different
people constantly and adapting my teaching methods of
those skills to various audiences, I have improved.
Finally, teaching also allows me to keep connected with
the upcoming generation. I learnt SMS abbreviations like
“LOL”1 and “Upz”2 that way. Teaching thus forces me to
connect to an increasingly younger audience (via-a-vis
my age). There are also spill-over benefits at work. If you
have experience explaining concepts to students, it is a
walk in the park explaining them to newly qualified lawyers.
In this way, you teach and mentor beyond the classroom,
and people around you, yourself included, are enriched by
the experience. Understanding the motivations of younger
lawyers has made me a more effective manager. The
younger generation is misunderstood in the sense that
there is a mis-perception that they do not believe in hard
work. This is a fallacy. Many younger lawyers are happy to
Daniel (eighth from right) and his legal writing class of 2010/2011
put in the hours and the time. Their main gripe relates to
how they are managed:
1. They don’t like being scolded;
2. They don’t like being unable to manage their time;
3. They abhor not getting credit for their work.
Whether their complaints are justified is not important.
What is important is that I understand them and, therefore,
know how to better motivate them to do what is required.
Communication is the key and teaching has made me a
better communicator.
So sums up my motivations. As I tell my students, always
end a piece with a summary and a memorable conclusion. I
will take my own advice now.
In conclusion, done properly, teaching brings out the best in
us. It enables us to give back to society, it improves our own
knowledge and skills in a particular area and it enriches the
lives of those you touch. It does require considerable time
management as well as patience. At the end, however, it
is enriching beyond the clichés you see in advertisements.
There is no replacement for a student/junior/subordinate
who comes up to you and thanks you for inspiring them (it
does not matter whether they lie or not).
► Daniel Chia*
Stamford Law Coproration
* Daniel Chia is a Director for Dispute Resolution in Stamford Law
Corporation. He taught Legal Writing and Research in the National
University of Singapore as an adjunct for four years. He is also active
as an adjunct tutor for various advocacy modules taught both by the
National University of Singapore and the Singapore Institute of Legal
Education’s Part B course.
Notes
1
"LOL" is an abbreviation for ”laugh out loud”.
2
"Upz" is a signal for “thumbs up” or “good job”.
Lifestyle
Alter Ego
Love and Conversations
There has been a lot of discussion about loving Singapore
and engaging in national conversations since Singapore’s
47th birthday celebrations last month. Before National
Day rolled round, there were posters throughout the island
showing Singaporeans professing their love for Singapore.
Seattle, New York, Kuala Lumpur and Bangkok. I am a
great lover of small towns and dream of living in them –
St David’s in Wales, Malacca in Malaysia and Alexandria
in Washington DC. The home of choice for the Wife and I
would be Melbourne or Penang.
I do not love Singapore. I just like it. In fact, if truth be told, I
have a like-hate relationship with the country that I was born
in and where I have spent most of my life. I like Singapore
for the safety and security, the modern city living it offers
(at a huge price though) and for its food. And it stops there.
The other popular reasons of family, friends and it being a
place to call home do not matter to me. I can still connect
with family and friends even if I do not live in Singapore.
In fact, ironically, I have a more intimate connection and
relationship with my parents and family when I am not
in Singapore. Social media now makes keeping in touch
with friends so easy. In any event, how much face time do
you really get to spend with your family and friends when
you live in the hustle and bustle of Singapore? Recently,
I was joking with the Wife that we seem to enjoy closer
communication through What’sApp than we do during the
little we see of each other during the weekdays.
It is rather sad when Singapore does not matter too much to
me and is not really my choice home.
To me, home is where I have time to really live my life, be
the person I want to be, do the things that I really want to
do and be with the people I really want to be with. And this
seems to happen most when I am on vacation, away from
Singapore. So home, to me, has been London, Europe,
In my view, Singapore is just like many of its citizens.
It wants to grow up too fast, try too hard, is impatient,
demanding and sheds away the old too quickly for the
new. Its fascination for the first world nation title is rather
amusing. Do we really understand what “first world nation”
means? Economic growth and sustenance should not be
the end goal of a nation. Several ingredients go into the
making of a first world nation. We need time, more than
47 years, to reach the destination. We need to have a rich
(not to be read as materialistic) quality of life. We need the
space to live and grow, and personal autonomy on how we
wish to conduct our personal lives. In first world nations,
public transportation does falter; corruption, sex scandals
and other social problems are common; and foreign talent
is part and parcel of a country’s population. Policies and
programmes alone do not create a first world nation.
I agree that bread and butter issues are important –
marriage, procreation, housing, transportation, education
and cost of living. But these issues seem to overly pre-
Lifestyle
Alter Ego
occupy Singapore’s mind. First world nations do have such
and other bigger problems. There are no easy solutions to
our national preoccupations. They will not go away. So, can
we accept it as part of our lives and work on finding the best
solutions gradually?
At a men’s-only discussion on marriage, procreation
and family life which I participated in last month, Minister
Grace Fu said jokingly that men just like to “do it” whilst
women like to engage in conversations. This cannot be
very far from the truth in the relationship between the
Government and its citizens. It was only last year (in our
46th year of independence) that the Government realised
that the country’s software – its citizens and their voices – is
important and has not been heard enough.
The national conversations that we are going to have in the
months to come should focus on the citizens’ basic needs.
Time and Space to Live Life
Most of us spend an average of 10 to 11 hours daily at the
office. The demands of our legal career, the never-ending
race to meet deadlines set by the Courts and our clients,
and the ever increasing expectations of clients are wellknown to everyone in the legal profession. We are also
expected to find the time to find a life partner, get married,
set up home, build happy and strong marriages, have
children, raise them, take care of our parents and contribute
to the community. There is just insufficient time to complete
all these tasks in our lives. Most of us are just too exhausted
at the end of the week.
Employers are also asked to assist employees to achieve
work-life balance. Employers, like me, have our own
concerns such as meeting the challenges of running a
business in the small and competitive Singapore market,
demands of the Courts and the clients.
To me, the solution lies in the hands of the Government,
which sets the pace and trend in Singapore. Now that
Singapore has achieved a certain level of economic growth,
can we now pause and be allowed to focus on our personal
lives? Perhaps, we can then find the time and energy to
meet the Government’s goals of getting married and having
many children.
Building a Civil Society
In our busy lives, we forget or just do not have time to be
caring and gracious towards one another. In the last seven
years that I have been living in my HDB block, most of my
neighbours on my floor and I have not spoken much to each
other. I remember walking along the streets of downtown
Seattle during a vacation and was greeted by everyone
the Wife and I walked past with, “How are you? It’s a great
day, yeah?” and so forth. In busy New York, the servers
in the restaurants that we dined in, including the Chinese
restaurants, would come up and chat with us and enquire
about our dinner. In Melbourne, the friendly chit-chat of
the servers even in small street cafes makes breakfast an
enjoyable experience. Till today I have not forgotten how a
young waiter in a restaurant in Kuala Lumpur kept checking
on me on one occasion when I was dining alone. He even
brought newspapers and magazines to keep me company.
Such experiences lend a simple joy to everyday life. I’m
sure everyone of us has stories to tell about the poor service
standards in Singapore.
It is becoming difficult to make purchases in food courts and
food stalls if you do not speak some Mandarin as many of
the vendors are from China. At social gatherings, Mandarin
or dialect is often the main language of communication even
in the presence of non-Mandarin speakers.
Another common form of interaction at social gatherings
is the particpants’ incessant engagement with their
smartphones or iPads who think nothing of neglecting
others around them. When my brother who is living in
San Francisco entertains at his home, as a courtesy to his
guests, his mobile phone is switched off and his family does
not like to receive telephone calls.
We each have a part to play in building a kind and gracious
society for ourselves and the future generation. Sometimes
all it takes is a smile which does not require any effort yet
creates a positive effect around us.
As Singapore continues to strive for economic growth,
the Government should consider the citizens’ personal
needs and aspirations and what gives them the happiness,
energy and motivation to make living in Singapore a happy
and meaningful experience. That’s when Singapore truly
becomes our home.
► Rajan Chettiar
Rajan Chettiar & Co
E-mail: rajan@rajanchettiar.com
Lifestyle
Travel
Glorious sun, sea and surf as seen from Southern Beach Hotel & Resort, Naha City
Okinawa – An Unearthed Gem of the Orient
Okinawa is not a destination that springs to mind when you
contemplate a trip to Japan. Located at the southern tip of
Japan along the Ryukyu archipelago, many of us come to
know or hear of this island only after watching movies such
as Battle of Midway, Clint Eastwood’s Flags of our Fathers
and the recent Tom Hanks’ epic series, aptly named Pacific.
Unfortunately, these movies only depicted the horrors of
war with Okinawa as the last bastion of resistance by the
Japanese against the onslaught of the Allied Forces.
These days, Okinawa is in the news for being the island
accommodating the US Pacific Fleet. I was keen to find out
what it has to offer.
Umibudo (sea grapes or a type of seaweed eaten raw with vinegar) and other delicacies.
Okinawan cuisine is renowned for promoting longevity and reducing lethargy
Flame seared pork cutlet, tenderised and breaded. Yummy!
It is a relatively small island and driving is a wonderful option
to experience Okinawa at your leisure. When a fly-drive
holiday organised by Follow Me Japan was advertised, I
signed up. I reasoned that such an organised trip would
save me the hassle of demystifying the unfathomable airport
connections and flights, especially since most signs are still
in Japanese. It also coincides with the Japanese’s attempt
to reinvigorate Japanese tourism and I wanted to show the
Japanese people my support by visiting Japan.
Blessed with a sub-tropical climate, one can expect
temperatures to be moderate and pleasant during winter
and spring. However, my trip was scheduled in July and it
was hot. When I arrived in Naha City, the capital of Okinawa,
the searing heat was cooled by the wonderful hospitality
and effervescence of the Okinawans who greeted us with
banners and traditional performances. I was soon brought
to my eco-friendly Toyota Prius which had a fully integrated
English Global Positioning System (“GPS”) to start my
driving holiday. There were no forms to fill, no formalities
to worry about except for the production of an international
driving licence. It was a breeze. I punched in the relevant
mapcodes for the first place of interest and soon I was driving
blissfully along the cultured streets of Okinawa. These
unique mapcodes are nicely catalogued in a handbook
against the places of interest and were constantly updated
by the trip organisers using mobile phones whenever there
were road diversions or heavy traffic. Getting lost was not
a worry.
Lifestyle
Travel
Freshly grilled mackerel
Traditional “eisa” drum dance
Stone steps leading up to the Katsuren Castle Ruins with the castle's beautiful ramparts
Apart from the occasional sightings of army vehicles,
Okinawa felt like a tropical paradise without the kitschy stalls
and tacky souvenirs. It has so much to offer: World War
II war memorials and battle sites, a world-class aquarium
and a great concentration of heritage sites. Not to mention,
a plethora of Okinawan cuisines that are worth indulging
in despite our own battle of the bulge. After all, Okinawan
cuisines are known to promote longevity and good health as
evidenced by the many octogenarians living on this island.
First up, was a visit to some must see heritage sites to build
up my appetite.
Okinawa’s three kingdoms were brought under unified
control by the Ryukyu Kingdom in 1429. It soon enjoyed
untrammeled success as a trading port with other Southeast
Asian countries and China. Chinese influence was
everywhere to be seen. The buildings and fortifications have
distinct Chinese heritage and origins and such vestiges of
the past lend diversity to a homogenous culture that is so
dominant in Japan. The warring kingdoms and its strategic
location as a trading hub have resulted in majestic forts and
ornate castles with classic Chinese influences.
With a pair of good walking shoes, you can visit the
Nakagusuku, Zakirmi-jo and Katsuren-jo Sites. These three
World Heritage Sites are readily accessible from Naha City
and their strategic importance is exemplified by the fact
that they have been christened as World Heritage Sites
recognised and protected by UNESCO. The first two castle
fortifications were built by Gosamaru during the Ryukyu
era and boast beautiful curved stone walls facing the East
China Sea like sentinels on the hills. Katsuren-jo is the most
dramatic castle with its strategic location at the top of a hill
on the Yokatsu Peninsula. A slight labour up the slopes to
the top of the fortification and you get a sense of its once
imperious and grand presence as an intact military defence
fortification overlooking Nakagusuku and Kin Bays in the
Pacific Ocean.
Further afield in Itoman City, there is the Sefu-uaki Sacred
Site, which is the highest holy ground previously visited by
the Ryukyu king to pay homage to one of the seven original
utakis (sacred sites). The sacred site is accessible by a
passageway created by two giant rocks wedged against
each other.
The strategically located Katsuren Castle, one of many World Heritage Sites in Okinawa
For an understanding of how the Ryukyu kings lived, I visited
the Shurijo Castle complex which includes a lake, Royal
mausoleum and temple. Dramatic for its red brick, striped
piazza, it was built during the First Sho Dynasty during the
Ryukyu era, burnt down during the Battle of Okinawa in
1945 and part of it restored to what it is today. Fascinating
for an insight into the lives and times of the Ryukyu royalty,
you can also see a fusion of Ryukyu, Chinese and Japanese
architecture at its finest.
Lighthouse at Cape Zumpa
Shurijo-koen, the reconstructed old residence of the Okinawan royal family
Lifestyle
Travel
The wonderful Busena Marine Park where families can experience the exquisite marine life
from Glass Boats and even from the portholes of an Underwater Observatory
The walls of Shuri Castle
A walk into the bowels Gyokusendo, one of the largest limestone caves in
Japan at Okinawa World
Kids in rapt attention during a dolphin performance
The throne of a Ryukyu king in Shuri Castle
The Chinese inspired entrance to Shuri Castle
Entrance to the Tamaudun Royal Mausoleum – stone
tombs of the Ryukyu's Kingdom's royal family
The tranquil courtyard of the Tamaudun Royal Mausoleum
A subterranean waterfall in a limestone cave
at Okinawa World
Shikina-en, a Chinese, Japanese and Ryukyu-style garden
The impossible-to-resist factory outlet in Okinawa where famous
brands are well represented
Lacquered pillar showing dragon motifs inside Shurijo-koen
Students in Cosplay outfits in a shopping mall
Lifestyle
Travel
Okinawa is also famed for its many gardens and
parks, subterranean cave systems and National parks
commemorating the dead during World War II. It would take
almost a week to visit all these places of interest.
The Cliffs at Cape Manzamo
The spectacular Okinawa Churaumi Aquarium where you can see
hammerhead sharks, whale sharks and manta rays
A trip to Okinawa is not complete without some rest and
relaxation under the sun. There are some idyllic islands that
one can visit by boat or air. But on Okinawa island itself,
there are many interesting sights worth seeing. Certainly
worth a visit is Cape Zumpa where you can climb a
lighthouse that sits on a promontory and Cape Manzamo
for a view of the azure and emerald green waters crashing
against the precipitous cliffs.
The waters are so invitingly clear that scuba diving and
snorkeling are favourite activities amongst visitors. You can
choose to dive around Okinawa island or make day trips
to the Yaeyama and Kerama islands for more impressive
sealife and coral bed formations. These islands are world
renowned for their table corals, abundance of marine life
and large pelagic fishes such as manta rays swimming
nonchalantly in sun illuminated crystal clear waters.
Apparently, from January to April, you can spot humpback
whales showing off their dance of joy, leaping into the air
and splashing about near Zamami Island, all a ferry ride
away.
For those keen to experience the marine life without wetting
their toes, you can visit the underwater observatory at
Busena Underwater Park. It was like viewing the sealife
from the portholes of a submarine. But I much preferred
a visit to the Ocean Expo Park, one of the highlights of my
visit. As a scuba diver, I was awestruck by whale sharks,
reef sharks and other creatures of the sea swimming in
front of me in the world’s largest aquarium, oblivious to the
gawking spectators staring at them behind Perspex glass.
Children would love the dolphin show at the outdoor pool
where they can see dolphins perform their repertoire of
tricks and jumps.
Traditional Okinawan dance
Nago Pineapple Park, famous for its
pineapple products
Sefa Utaki, Okinawa’s most important sacred place
Before I ended my trip, I stocked up on some pineapple
cakes from Nago Pineapple Park, bought some lacquered
boxes along Kokusai Street and went crazy at the Outlet
Mall at Ashibina. With a pair of Cole Haan sneakers and
Zegna shoes at half the price I would pay in Singapore, I
was glad it was time to go home before my credit ran dry.
With just half a tank of petrol used and lots more places
to visit, I would definitely recommend a fly-drive holiday
to Japan to those who love the freedom of travel and the
assurance of having all the logistics of accommodation and
food settled for you.
► Simon Tan
Attorneys Inc. LLC
E-mail: simontan@attorneys.com.sg
Lifestyle
Book Shelf
Why a Robot Cannot be a Good Lawyer
Client Science: Advice for Lawyers on Counseling
Clients through Bad News and Other Legal Realities
Star date logs and robots in the Star Trek franchise would,
at first sight, have little to do with lawyers advising clients.
But in Client Science, Professor Marjorie Corman Aaron,
who teaches a client counseling course at the University
of Cincinnati College of Law with the assistance of actorclients, explains that like computers and androids in Star Trek
which can “calculate the probability of success for weapon
strikes and engineering repair efforts”, lawyers have to predict
outcomes for their clients, though without the same scientific
or mathematical certainty.
Professor Marjorie cites a number of scientific studies which
suggest that psychology plays a significant role in affecting
lawyer predictions. For example, she mentions that many
experiments have shown that “lawyers or law students assigned
to represent a client on one side of a simulated fact pattern
evaluated their assigned client’s case more favourably than
the other side’s, downplaying the importance of potentially
harmful evidence and over-weighing favourable evidence”.
Calling this “partisan perception bias”, she warns that this
“bias blind spot” may lead to over-optimistic and ultimately
wrong judgments.
Clients too may lead lawyers into psychological traps. All too
often, lawyers encounter a client who refuses to accept any offer
from the other side, regardless of the merits, because of the
client’s extreme distrust of the other party. This phenomenon,
known in psychological circles as “reactive devaluation”,
makes it difficult for the lawyer to progress towards a possible
settlement. In such a situation, Professor Marjorie notes that
the classic solution is to involve a neutral mediator to negate
the devaluation.
Other strategies to address the client’s resistance to settlement
are also discussed in Chapter 3 entitled “Meaning Truths”.
Any experienced lawyer will be familiar with the client who
wants his day in Court and who believes that his claim for
an insignificant amount is a matter of principle. How does a
lawyer advise such a client in view of the trend in Singapore
towards alternative dispute resolution?
Professor Marjorie suggests that the lawyer offers an “alternative
meaning” of the client’s choice and role in the dispute, which
entails moving away from the zero-sum approach of going to
Court or nothing. She notes that clients involved in lawsuits
tend to identify themselves in black and white narratives,
with them appearing as heroes or tragic heroes and the
other side as “evil” or “malevolent”. Using the example of a
former employee who whistle-blows on her company, a big
car manufacturer, for unfair promotion practices in a small
town, Professor Marjorie suggests that the client could be
advised to accept a favourable settlement instead of going
all the way to trial to expose the company. The latter course
was in fact an “illusion of power” because the company was
unlikely to be harmed even if the truth was revealed in public.
However, she also cautions that lawyers must not exaggerate
the risks or deceive the client in persuading the client to accept
an alternative meaning as this would be unethical.
Client Science seems to be a how-to guide to advising and
communicating with clients based on psychological and
presentation techniques. Among other things, Professor
Marjorie offers a plethora of useful pointers to help lawyers
deliver bad news and communicate legal jargon to their clients,
as well as manage emotional clients. However, this misses the
bigger picture, which she astutely points out in the Introduction:
“A lawyer can’t block a client’s foolish but lawful jump. Strong
advocacy can only seek to influence the landing”.
Client Science is, therefore, not so much about the heuristics
of client care and avoiding quality of service complaints, but
rather about the heart of the administration of justice which
requires both the lawyer and the client to be aware of the
key roles that they play in legal decision-making. Respect
for the client’s autonomy to make his own legal decisions is
a given, but the client must be fully informed by his lawyer of
his legal position and options first. A client who is not properly
advised on his legal predicament or a lawyer who falls into
psychological traps in advising his client only creates roadblocks
to the administration of justice which other stakeholders will
need to clear.
Although it may be that robots cannot be good lawyers in the
21st century, human lawyers can certainly improve the quality
of legal outcomes for their clients with a better understanding
of psychology. Reading Client Science is the first step towards
that goal.
► Alvin Chen
Chief Legal Officer
Director, Representation and
Law Reform
E-mail: alvin@lawsoc.org.sg
Client Science: Advice for Lawyers on Counseling Clients
through Bad News and Other Legal Realities is available
from www.amazon.com
Notices
Pursuant to s 93(5) of the Legal Profession Act, the Council of the Law Society is
required to publish the findings and determination of the Disciplinary Committee in
the Singapore Law Gazette or in such other media as the Council may determine to
adequately inform the public of the findings and determination.
This summary is published pursuant to the requirement of s 93(5) of the Legal
Profession Act.
Findings and Determination of the Disciplinary
Committee
In the Matter of Manickavasagam s/o RM
Karuppiah Pillai, an Advocate and Solicitor
The respondent was retained by the complainant to defend
him against three criminal charges for a lump sum fee of
S$10,000 in May 2009. At a hearing held on 31 August 2009,
the respondent abruptly applied to Court to discharge himself
without the consent of the complainant and without giving the
complainant time to engage another solicitor. No other solicitor
was willing to take on the case at such short notice due to
the complexity of the matter. The complainant was upset,
appeared incoherent and broke down in Court, resulting in the
prosecution applying for the complainant’s mental state to be
examined at the Institute of Mental Health. The complainant
was remanded for eight days. The respondent was also alleged
to have wrongfully deposited monies from the complainant
into his office account without rendering an invoice to the
complainant.
The following charges were brought against the respondent:
First Charge
That you, Manickavasagam s/o RM Karuppiah Pillai, an
advocate and solicitor, on 31 August 2009, while acting for Koh
Sia Kang in criminal proceedings DAC 6336-8 of 2008, acted
in breach of r 42(1)(a) of the Legal Profession (Professional
Conduct) Rules, to wit, by withdrawing from representing the
said Koh Sia Kang when such withdrawal would have the effect
of causing significant harm to the said Koh Sia Kang’s interest
and/or without having fully informed the said Koh Sia Kang
of the consequences of withdrawal or obtained the voluntary
assent of the said Koh Sia Kang to the withdrawal, and you
have thereby breached a rule of conduct made by Council
under the provisions of the Legal Profession Act as amounts
to improper conduct or practice as an advocate and solicitor
under s 83(2)(b) of the Legal Profession Act.
Alternative First Charge
advocate and solicitor, on 31 August 2009, while acting for Koh
Sia Kang in criminal proceedings DAC 6336-8 of 2008, acted
in breach of r 42(1)(a) of the Legal Profession (Professional
Conduct) Rules, to wit, by withdrawing from representing the
said Koh Sia Kang without taking reasonable care to avoid
foreseeable harm to the said Koh Sia Kang, including failure to
give due notice to the said Koh Sia Kang or allow reasonable
time for the said Koh Sia Kang to retain a new advocate and
solicitor in substitution, and you have thereby breached a rule
of conduct made by Council under the provisions of the Legal
Profession Act as amounts to improper conduct or practice
as an advocate and solicitor under s 83(2)(b) of the Legal
Profession Act.
Second Charge
advocate and solicitor, on 18 May 2009, acted in breach of
r 3(1) of the Legal Profession (Solicitors’ Accounts) Rules, to
wit, by failing to pay into a client account the sum of S$3,000.00
being payment received by you from Koh Sia Kang as an “initial
deposit”, and you have thereby breached a rule of conduct
made by Council under the provisions of the Legal Profession
Act as amounts to improper conduct or practice as an advocate
and solicitor under s 83(2)(b) of the Legal Profession Act.
Alternative Second Charge
advocate and solicitor, on 18 May 2009, acted in breach of
r 9(2)(c)(i) of the Legal Profession (Solicitors’ Accounts) Rules,
to wit, by having accepted the sum of S$3,000.00 being monies
expressly paid to you by Koh Sia Kang on account of costs
Notices
incurred in respect of which no bill of costs or other written
intimation of the amount of the costs had been delivered for
the payment by you to the said Koh Sia Kang, and you have
thereby breached a rule of conduct made by Council under the
provisions of the Legal Profession Act as amounts to improper
conduct or practice as an advocate and solicitor under s 83(2)
(b) of the Legal Profession Act.
(Professional Conduct) Rules, to wit, by failing to respond
promptly to phone-calls made by the said Koh Sia Kang without
any good or sufficient reasons, and you have thereby breached
a rule of conduct made by Council under the provisions of
the Legal Profession Act as amounts to improper conduct or
practice as an advocate and solicitor under s 83(2)(b) of the
Legal Profession Act.
Third Charge
Findings of the Disciplinary Tribunal
advocate and solicitor, on 16 June 2009, acted in breach of
r 3(1) of the Legal Profession (Solicitors’ Accounts) Rules, to
wit, by failing to pay into a client account the sum of S$2,000.00
being payment in cash received by you from Koh Sia Kang, and
you have thereby breached a rule of conduct made by Council
under the provisions of the Legal Profession Act as amounts
to improper conduct or practice as an advocate and solicitor
under s 83(2)(b) of the Legal Profession Act.
For the First and Alternative Charge, the Disciplinary Tribunal
found that it was not entirely unforeseeable that the respondent
by discharging himself at the resumed hearing, would be putting
the complainant in significant harm and while it may not have
been foreseeable that the Court would order the complainant
to be remanded at the Institute of Mental Health, there was no
doubt that without prior notice the complainant would be left
without representation at the hearing of his criminal matter. This
risk, the Disciplinary Tribunal found, was sufficient to satisfy the
requirement of “significant harm” to the complainant’s interest
under r 42(1)(a) of the Legal Profession (Professional Conduct)
Rules.
Alternative Third Charge
advocate and solicitor, on 16 June 2009, acted in breach of
r 9(2)(c)(i) of the Legal Profession (Solicitors’ Accounts) Rules,
to wit, by having accepted the sum of S$2,000.00 being monies
expressly paid to you by Koh Sia Kang on account of costs
incurred in respect of which no bill of costs or other written
intimation of the amount of the costs had been delivered for
the payment by you to the said Koh Sia Kang, and you have
thereby breached a rule of conduct made by Council under the
provisions of the Legal Profession Act as amounts to improper
conduct or practice as an advocate and solicitor under s 83(2)
(b) of the Legal Profession Act.
Fourth Charge
advocate and solicitor, from 19 May 2009 to 31 August 2009,
while acting for Koh Sia Kang in criminal proceedings DAC
6336-8 of 2008, acted in breach of r 17 and/or 20(a) of the
Legal Profession (Professional Conduct) Rules, to wit, by
failing to keep the said Koh Sia Kang reasonably informed of
the progress of his preparation for the trial of the said criminal
proceedings, and you have thereby breached a rule of conduct
made by Council under the provisions of the Legal Profession
Act as amounts to improper conduct or practice as an advocate
and solicitor under s 83(2)(b) of the Legal Profession Act.
The Second and Third Charges and their Alternative Charges
were dismissed as it became apparent that the respondent
had an agreed fee arrangement with the complainant although
the respondent had initially erroneously described the fee
payments as “initial deposit”. The Fourth Charge was also
dismissed as the Disciplinary Tribunal was unable to conclude
beyond reasonable doubt that the respondent had failed to
keep the complainant reasonably informed of the progress of
the case.
The Disciplinary Tribunal, however, found that the respondent
had failed to respond to the complainant’s telephone calls.
The Disciplinary Tribunal also found that for the First and
Fifth Charges, while there was no cause of sufficient gravity
for disciplinary action under s 83 of the Legal Profession Act,
the respondent should be ordered to pay a penalty and be
reprimanded respectively pursuant to s 93(1)(b) of the Legal
Profession Act.
Council’s Decision
Council accepted the findings and determination of the
Disciplinary Committee and ordered a penalty of $3,000 to be
paid by the Respondent.
Fifth Charge
advocate and solicitor, from 19 May 2009 to 31 August 2009,
while acting for Koh Sia Kang in criminal proceedings DAC
6336-8 of 2008, acted in breach of r 20 of the Legal Profession
Notices
Professional Moves
New Law Practices
Mr
Ponnampalam
Sivakumar
(formerly of Joseph Lopez & Co)
has, with effect from 23 July 2012,
commenced practice under the
name and style of Sivakumar & Co
at the following address and contact
numbers:
3 Church Street
Level 25 Samsung Hub
Singapore 049483
Tel: 6692 9286
E-mail: siva@sivalaw.com
Ms Janet Tan (formerly of Janet Tan
& Co) has, with effect from 1 July
2012, commenced practice under
the name and style of J E Legal LLC
numbers:
1 Finlayson Green
#14-02
Singapore 049246
Tel: 6513 3858
Fax: 6512 5452
Mr Tan Lye Huat (formerly of Har
Associates) has, with effect from
31 July 2012, commenced practice
under the name and style of Tan LH
& Co at the following address and
contact numbers:
Ms Alice Tan-Goh Song Gek
(formerly of A C Fergusson &
Partners) has, with effect from 1 July
2012, commenced practice under the
name and style of A C Fergusson
Law Corporation at the following
address and contact numbers:
133 New Bridge Road
#08-02 Chinatown Point
Singapore 059413
Tel: 6533 9119
Fax: 9533 7719
E-mail: jerepatt122@yahoo.com.sg
151 Chin Swee Road
#02-07 Manhattan House
Singapore 169876
Tel: 6838 0146
Fax: 6838 0145
E-mail: alice-fergusson@pacific.net.sg
Mr Tan Lam Siong (formerly of L S Tan
& Co) and Mr Siow Itming (formerly
of Siow Itming & Co) have, with
effect from 1 July 2012, commenced
practice under the name and style of
Temple Counsel LLP at the following
Ms Lim Say See (formerly of A C
Fergusson & Partners) has, with
effect from 26 July 2012, commenced
practiced under the name and style of
L S Lim Law Practice at the following
1 Sophia Road
#07-08 Peace Centre
Singapore 228149
Tel: 6339 1088
Fax: 6337 3007
Mr Lim Seng Sheoh (formerly of
Nicholas & Tan Partnership LLP)
has, with effect from 1 August 2012,
commenced practice under the name
and style of Seng Sheoh & Co at
the following address and contact
numbers:
24 Raffles Place
#21-03 Clifford Centre
Singapore 048621
Tel: 6533 9161
Fax: 6234 1873
Fax: 6733 9661
E-mail: gomezvasu@alchambers.com
Mr Sureshan s/o T Kulasingam
(formerly
of
Advocates
Legal
Chambers LLP) has, with effect from 7
July 2012, commenced practice under
the name and style of Sureshan LLC
numbers:
133 Cecil Street
#08-02/02A Keck Seng Tower
Singapore 069535
Tel: 6733 6229
Fax: 6733 9661
E-mail: sureshan@alchambers.com
Mr
Thangavelu
(formerly
of
Advocates Legal Chambers LLP)
has, with effect from 14 August 2012,
and style of Thangavelu LLC at
numbers:
133 Cecil Street
Singapore 069535
Tel: 6733 6229
Fax: 6733 9661
E-mail: thangavelu@alchambers.com
Conversion of Law Practices
151 Chin Swee Road
Singapore 169876
Tel: 6732 5155
Fax: 6732 6155
E-mail: l_ls6@hotmail.com
The partnership of Cosmas &
Co converted to a limited liability
partnership, Cosmas LLP on 1
August 2012. The address and
contact numbers of the law practice
remain unchanged.
Ms Winnifred Gomez and Mr Rakesh
s/o Pokkan Vasu (both formerly of
Advocates Legal Chambers LLP)
have, with effect from 7 July 2012,
and style of Gomez & Vasu LLC at
numbers:
The following are partners of Cosmas
LLP: Mr Cosmas Stephen Gomez,
Mr Subbiah Pillai and Mr Tan Seck
Chee (all formerly of Cosmas & Co).
133 Cecil Street
Singapore 069535
Tel: 6733 6229
E-mail: limsengsheoh@singnet.com.sg
Dissolution of Law Practices
The law practices of L S Tan & Co
and Siow Itming & Co dissolved on
30 June 2012.
Outstanding matters of the former law
practices of L S Tan & Co and Siow
Itming & Co have, with effect from 1
July 2012, been taken over by:
Notices
Professional Moves
Temple Counsel LLP
1 Sophia Road
#07-08 Peace Centre
Singapore 228149
Tel: 6339 1088
Fax: 6337 3007
The law practice of Janet Tan & Co
dissolved on 30 June 2012.
practice of Janet Tan & Co have, with
effect from 1 July 2012, been taken
over by:
J E Legal LLC
1 Finlayson Green
#14-02
Singapore 049246
Tel: 6513 3858
Fax: 6512 5452
The law practice of A C Fergusson &
Partners dissolved on 30 June 2012.
practice of A C Fergusson & Partners
have, with effect from 1 July 2012,
been taken over by:
A C Fergusson Law Corporation
151 Chin Swee Road
Singapore 169876
Tel: 6838 0146
Fax: 6838 0145
The law practice of Advocates Legal
Chambers LLP dissolved on 6 July
2012.
Outstanding matters of the former
law practice of Advocates Legal
Chambers LLP have, with effect from
7 July 2012, been taken over by the
following law practices:
Gomez & Vasu LLC
133 Cecil Street
Singapore 069535
Tel: 6733 6229
Fax: 6733 9661
Sureshan LLC
133 Cecil Street
Singapore 069535
Tel: 6733 6229
Fax: 6733 9661
Thangavelu LLC
133 Cecil Street
Singapore 069535
Tel: 6733 6229
Fax: 6733 9661
Joint Law Ventures
The joint law venture between
Dacheng Law Offices and Central
Chambers Law Corporation has
ceased, and is now restructured as a
collaboration between Dacheng Law
Offices and Wong Alliance LLP. The
new joint law venture is known as
Dacheng Wong Alliance LLP.
Lawrence Chua & Partners
33 Kreta Ayer Road
Singapore 088999
Tel: 6221 1311
Fax: 6225 3404
(wef 29 June 2012)
Navin & Co LLP
20 Harbour Drive
#05-04A PSA Vista
Singapore 117612
Tel: 6532 4220
Fax: 6532 4227
(wef 5 July 2012)
New Branch Office
Prasanna Devi & Co
101 Upper Cross Street
#04-21 People’s Park Centre
Singapore 058357
Tel: 6535 0959
Fax: 6535 0923
(wef 15 July 2012)
Hoh Law Corporation (Branch)
55 Upper Serangoon Road
#B1-02 Potong Pasir MRT Station
Singapore 347694
Tel: 6283 9131
Fax: 6280 9141
(wef 30 July 2012)
S H Koh & Co
10 Anson Road
#06-23 International Plaza
Singapore 079903
Tel: 6221 5968
Fax: 6221 2559
(wef 10 August 2012)
Change of
Addresses
Samuel Seow Law Corporation
15 Hoe Chiang Road
#26-01 Tower Fifteen
Singapore 089316
Tel: 6887 3393
Fax: 6887 3303
(wef 7 July 2012)
Law
Practices’
David Nayar and Vardan
49A Temple Street
Singapore 058594
Tel: 6324 5545
Fax: 6324 1711
(wef 1 July 2012)
Heritage Law Corporation
10 Collyer Quay
#40-01 Ocean Financial Centre
Singapore 049315
Tel: 6808 6197
Fax: 6808 6299
(wef 1 August 2012)
Lau & Gur
133 New Bridge Road
#14-10 Chinatown Point
Singapore 059413
Tel: 6327 5477
Fax: 6532 5477
(wef 9 July 2012)
Notices
Information on Wills
Information on Wills
Name of Deceased (Sex)
NRIC
Date of Death
Last Known Address
Solicitors/Contact
Person
Reference
Yew Tian Sam (M)
S0642930J
4 September 2011
1A Chiltern Drive
Singapore 359766
Lee Bon Leong & Co
6222 3122
IL.6736.2012.ib
Leong Choi Ying (F)
S0818298A
26 March 2012
Blk 130 Bukit Merah View
#09-346
Singapore 150130
Hoh Law Corporation
6553 5178
EC/P5676/12/at
Abiramy d/o Arumugam (F)
S7534298E
19 April 2012
Blk 535 Choa Chu Kang St 51 WLaw LLC
#11-112
6336 6533
Singapore 680535
WL/SOL/37/05/2012(WF/sf)
Wong Kok Hong (M)
S2009137A
21 May 2012
10A Jalan Ishak
Singapore 419337
Donaldson & Burkinshaw
6595 9596
ATBL/NG/S.1201747
Tatty Mulyati
Otherwise known as Tatty
Muljati Tjahjadi (F)
A0020716 (Passport no.)
21 May 2012
Lim Joo Bee (F)
S0949961Z
12 June 2012
Dayang Sumbi No. 5
Bandung, Indonesia
Heritage Law Corporation
6808 6197
WT120618PA
Blk 33 Eunos Crescent
#05-252
Singapore 400033
Straits Law Practice LLC
6514 1203
TJM/2012.40396/jud
Margaret Mie Yoke Eng (F)
S0299938B
12 June 2012
Blk 66 Lor 4 Toa Payoh
#10-307
Singapore 310066
Lau Teik Soon & Associates
6635 3755
LTS/RN/20120625:020
Chua Cheng Yang ,Steve (M)
S6919330G
20 June 2012
Blk 454 Pasir Ris Drive 6
#10-212
Singapore 510454
Straits Law Practice LLC
6514 1203
TJM/2012.40477/jud
Tan Choo Eng (F)
S0892917C
28 June 2012
Blk 195 Kim Keat Ave
#02-320
Singapore 310195
Hoh Law Corporation
6553 5178
EC/P5675/12/at
Ho Mee Yong (F)
S0112925B
2 July 2012
Blk 68 Bedok South Ave 3
#05-520
Singapore 460068
UniLegal LLC
6538 0012
BG/mp/852/12
Lim Ah Kim (F)
S0646662A
12 July 2012
Blk 526 Bedok North St 3
#06-464
Singapore 460526
Hoh Law Corporation
6553 5178
EC/P5695/12/at
Ong Chee Meng @ Ong Chee 17 Li Hwan View
Beng (M)
Singapore 556907
S1095476B
30 June 2012
Able Law Practice LLC
6532 3008
TTCS/TH/ONG/FP6022/2012
Lee Mei-Yi Maggie (Li Meiyi
Maggie) (F)
S7725946E
8 July 2012
Hoh Law Corporation
6553 4800
EC/P5665/12/at
Blk 578 Hougang Ave 4
#06-654
Singapore 530578
To place a notice in this section, please write to the Publications Department at The Law Society of Singapore, 39 South Bridge Road, Singapore 058673, Fax: 6533 5700,
with the deceased’s particulars, a copy of the death certificate and cheque payment of S$85.60 per notice made in favour of ‘The Law Society of Singapore‘. All
submissions must reach us by the 5th day of the preceding month.
51
Appointments
SENIOR LEGAL COUNSEL / LEGAL COUNSEL
You will be responsible for the following:
•
•
•
•
•
•
•
Oversee the Legal Department’s new Warrant Enforcement Section in providing legal support to enforcement departments in NEA
in respect of the enforcement of warrants of arrest issued by the Courts
Assist and support the Legal Department’s Prosecution Section
Provide legal advice on legislation, environmental regulations, legal risk management, compliance issues and all matters under
NEA’s purview
Advise NEA’s departments on civil and criminal matters, train enforcement officers on investigation and enforcement of environmental
laws
Assist in vetting and drafting contracts and other legal documents
Interpret, review and draft legislation
Conduct prosecutions of offences, deal with insurance claims and liaise with external counsels
Requirements:
•
•
•
At least a 2nd Class Lower LLB (Honours) Degree from the National University of Singapore or a reputable university and be eligible
for admission to the Singapore Bar. Those with equivalent qualifications in overseas common law jurisdictions and admitted or
eligible to practice in their jurisdictions may also apply
Applicants for the position of Senior Legal Counsel must have at least 3 years or more of post qualification experience in corporate
/ commercial work (whether in practice or in-house) or in the public sector as a legal officer. Specific exposure to insurance work
including procurement and claims administration or in the area of local environmental law and related legal work will be advantageous
Fresh graduates currently attending or have completed their practice training contract may apply for the entry level Legal Counsel
position
SENIOR ExECUtIvE/ExECUtIvE (INtERNAtIONAL LAw)
You will be responsible for the following:
•
•
•
•
Provide legal and policy related advice on international conventions and environmental law matters
Review, monitor and advise on international environmental legislation, case law and developments affecting NEA;
Organise, conduct, guide, facilitate and manage training for NEA staff on issues regarding international environmental laws
Develop, maintain and manage an Environmental Law Resource Hub
Requirements:
•
•
•
•
Degree in Law/International Relations/Political Science or other relevant discipline from the National University of Singapore or a
reputable foreign university. Preference will be given to those with legal background
At least 2 years of post qualified experiences (PQE) in relevant corporate/commercial/ dispute resolution work would be desirable
Prior working experience in the government service or statutory boards would also be considered
Applicants for the position of senior executive must have at least 5 years of PQE
Interested candidates are invited to apply online at www.nea.gov.sg/careers or
the Singapore Public Service Job Portal at www.careers.gov.sg
Appointments
52
International Capabilities
Delivered Locally
Be part of a team that is attuned to the nuances
of working in Asia, and constantly strives to
provide clients with intelligent and innovative legal
and business solutions with the added
international perspective and expertise.
We are seeking professional lawyers who embody our values of
forward thinking, innovative, proactive, ambitious for clients, and
instinctively commercial for the following positions.
PARTNERS
SENIOR ASSOCIATES
ASSOCIATES
Minimum 8-10 years PQE in the
areas of:
> Arbitration
> Banking & Finance
> Corporate & Securities
Minimum 4 years PQE in the areas of:
> Banking & Finance
> Corporate & Securities:
Minimum 2 years PQE in Real Estate
> Litigation & Dispute Resolution
> Litigation & Dispute Resolution:
> Real Estate
For applications and information on available positions, visit our website at
www.rhtlawtaylorwessing.com/careers.
Tax, Equity & Debt Capital Markets,
Wealth / Asset Management, M&A
Constructions, Insolvency &
Recoveries
Corporate Real Estate,
Retail and Consumer Real Estate
Tax, Equity & Debt Capital Markets,
Wealth / Asset Management, M&A
> Intellectual Property & Technology
Life Sciences / Pharmaceuticals
Constructions, Insolvency & Recoveries
(Corporate Real Estate, Retail and Consumer Real
Estate)
PROFESSIONAL SUPPORT
LAWYER
3 to 4 years PQE in legal practice with a
degree in Law and/or Knowledge Management
> Tax & Trusts
Asia > Middle East > Europe
www.rhtlawtaylorwessing.com
RHTLaw Taylor Wessing LLP (UEN No. T11LL0786A) is registered in Singapore under the Limited Liability Partnerships Act (Chapter 163A) with limited
liability. RHTLaw Taylor Wessing LLP is a Singapore law practice registered as a limited liability law partnership in Singapore ("The LLP"). It is a member of
Taylor Wessing, a group which comprises a number of member firms which are separate legal entities and separately registered law practices in particular
jurisdictions. The LLP is solely a Singapore law practice and is not an affiliate, branch or subsidiary of any of the other member firms of the Taylor Wessing
group.
A list of all Partners and their professional qualifications may be inspected at our main office at Six Battery Road #10-01, Singapore 049909.
Tekelec is looking for an attorney to work in our Singapore office as local counsel in the Legal Department to assist with
contracts and other legal matters in the Asia-Pacific region.
Responsibilities include
• Preparing, reviewing, negotiating and administering customer, distributor and vendor contracts.
• Reviewing customer proposals to Tekelec’s standard terms and conditions, summarizing differences for senior
management, and obtaining any required cross-functional approvals.
• Working with sales and project leaders in negotiations with customers and vendors.
• Coordinating activities with cross-functional teams from opportunity assessment through contract negotiations, award
and post award activities.
• Assist with litigation, employment and general legal matters as applicable and determined within the region.
• Supporting the Legal Department and outside counsel as needed to optimize support to the business.
• Performing other duties as to be assigned by the Legal Department.
Summary of Qualifications:
• Law degree from accredited law school and 2-5 years experience.
• License to practice law in Singapore.
• Excellent writing and oral communication/negotiation skills in the English language required.
• Telecommunications or technology industry experience desirable.
• Business-level fluency in an Asian-Pacific language, a strong preference.
• Prior international business experience.
• Ability to handle multiple projects simultaneously.
• Frequent but not extensive travel to support customer and vendor negotiations as applicable.
• Fluency in desktop productivity tools in Microsoft/PC environment required
Interested candidates please submit your applications via email to Andrea.Grater@tekelec.com
53
Appointments
your profession
our passion
shipping associate – private practice
3-5 pQe. singapore.
Legal Counsel - Technology
6-10 pQe. singapore.
apaC Legal Counsel - pharmaceutical
singapore. 6-8 pQe.
This UK law firm is looking for a common
law qualified lawyer with at least three years
experience in shipping and/or international
arbitration. Whilst Mandarin speaking
capabilities are essential, you are not
required to have Chinese drafting skills. This
law firm comes highly recommended for its
flat structure and strong mentorship from
senior lawyers.
Providing IT and communications support
to SMEs, MNCs and global conglomerates,
this business has a presence in 16 locations
across APAC and the Middle East. With six
to ten years experience in an in-house or
private practice role, your responsibilities will
include contract reviews and negotiations,
compliance coordination and general legal
advisory.
M&a associate - private practice
2-3 pQe. singapore.
iCsa Qualified Corporate secretary
all pQe levels. singapore.
This pharmaceutical MNC has a portfolio
of health, home and hygiene brands and
a major presence in over 150 countries. In
Singapore, they are seeking a Regional Legal
counsel with a good level of commercial
exposure in the pharmaceutical industry.
You will have a good depth of corporate
experience and experience in developing
markets. As this role covers Australia as well
as North Asia, excellent English and Chinese
language skills are necessary.
This Magic Circle, QFLP law firm is looking
for a Singapore qualified lawyer to join their
growing corporate team. Coming from a top
tier law firm, you are looking to get more
global exposure. You will have the chance to
work with international clients and focus on
a wide range of cross border mergers and
acquisitions.
We specialise in the placement of Corporate
Secretaries looking to widen their career
exposure. Being ICSA qualified, you’ll have
worked in a publicly listed company, or have
the nous and initiative to do so.
Contract risk Manager - Technology
5 pQe. singapore.
One of the world’s premier Financial
Institutions is seeking a fully qualified
lawyer to support the business in managing
legal documentation. This is a regional
role, where primary responsibilities include
negotiating, structuring and implementing
documentation (cash management products,
internal service agreements) across regions
and within the relevant country jurisdictions.
This regional market leading client seeks a
Contract Risk Manager to ensure compliance
in a contract framework and risk mitigation
in non-standard contracts. Degree qualified,
you have at least five years contract
experience and preferably exposure to risk
management. The firm provides an excellent
bonus scheme for the right candidate.
Commercial Desk analyst - Healthcare
3 pQe. singapore.
This world leading international healthcare,
medical assistance and security services
company is looking for a Commercial Desk
Analyst to join their growing team. The role
involves managing, editing and negotiating
contracts so as to maximise financial and
operational performance and minimise risk.
You will be a degree holders with a minimum
of three years experience drafting and
reviewing insurance related contracts
Legal Counsel - aviation
2-6 pQe. singapore.
This company provides global aircraft
maintenance repair and overhaul support
for a wide range of aircraft components and
engines. They are seeking a Legal Counsel
to provide commercial contracts support,
participate in M&A transactions and manage
external lawyers, amongst providing general
legal advice in Singapore. You must be called
to the Singapore Bar.
hays.com.sg
Legal Documentation Manager
singapore. 4-7 pQe.
Legal Manager - property
3-5 pQe. singapore.
This property industry leader is seeking a
Legal Counsel with good general corporate
and financing experience. As this is a leading
REIT, your particular expertise in property
financing transactions will be key. In addition
to your proficiency in English, you’ll have a
good command of Mandarin.
Legal Counsel apaC – Technology
5-7 pQe. singapore.
Due to continued expansion, this middle
tier IT MNC is seeking an APAC Legal
Counsel. With dealings primarily involving
with China, you will have the ability to
flawlessly negotiate and draft agreements
in Mandarin. You will also have good
transactional experience and an in-depth
knowledge of reviewing contracts. IT
industry experience is not a requisite.
Legal Counsel – Corporate
singapore. 5-8 pQe.
This company provides a comprehensive
range of start up and entry services to
business professionals and entities. You
will be Singapore qualified, with good
corporate legal experience and the ability
to advise on company, commercial law and
corporate secretarial matters. You will have
effective client facing skills and strategic and
managerial capabilities.
Contact Clifford Wong at
clifford.wong@hays.com.sg or Gerald Lee at
gerald.lee@hays.com.sg or +65 6303 0725.
Appointments
54
Stand Out With
Hughes-Castell
In-house
Legal Counsel | 4-8 yrs pqe
Head of Compliance | 10+ yrs pqe
REF: 11000/SLG
Excellent opportunity to take on this leadership role at a renowned
investment bank, which now seek a seasoned senior compliance
professional to head & manage their operations in Singapore. This role
is focused on Singapore, but will require a consistent approach to keep
up the elements of the firm’s global compliance program. You will also
be responsible for managing relationships with key regulatory agencies
and drive the strategic positioning of the firm. The right candidate
must have at least 10 yrs of relevant experience along with excellent
leadership & management skills and a strong business-savvy attitude.
Senior Counsel | 7-10 yrs pqe
REF: 11012/SLG
Our client, a shipping and maritime institution now seeks a strong
corporate/commercial lawyer to take on this senior & newly created
role. You will advise on corporate, commercial laws, risk management,
litigation, M&A and ensure corporate governance. Candidates with at
least 7 yrs pqe, admitted in the Singapore Bar with prior experience
at a law firm/in-house and relevant technical knowledge at a global/
regional level will be best-suited for this role.
SEA Counsel | 7-12 yrs pqe
REF: 11060/SLG
This NASDAQ listed company operating in 25 countries, now seeks a
talented legal counsel to support its legal & business functions at its
APAC headquarters. This position provides close business partnering
to Singapore based key global decision makers, covers a wide range of
legal duties, including contract drafting/reviewing, litigation, dealing
with disputes, identifying legal risks and opportunities. Ideally,
you will be a qualified lawyer with at least 7 yrs of relevant legal
experience gained from an in-house/ or top-tier law firms & possess
a business-savvy mindset with excellent communication skills.
Legal Counsel | 4 yrs pqe
REF: 11037/SLG
This leading healthcare company has an exciting role for a polished
lawyer within its Singapore operations. Ideally you will be a SG
qualified lawyer with at least 4 yrs of in-house or private practice
experience, solid commercial transactional experience particularly
negotiating service agreements is sought.
REF: 10808/SLG
Our client, a listed company in the infrastructure and property
management industry, seeks candidates to take charge of the company’s
key PPP project. You will be directly involved in managing the full
spectrum legal affairs of the end to end process to the design, build,
construction and management of this significant infrastructure in
Singapore’s history. The ideal candidate should hold a LLB and/or degree
in civil engineering / building estate management. Experience in Public
Private Partnership, Facilities Management, Project Management,
Dispute Resolution matters will be invaluable, as well as the ability to
work independently.
Legal Documentation Manager | 3-5 yrs REF: 11044/SLG
Our client, a leading international bank is looking for a qualified lawyer
based in Singapore to support the business in developing and managing
standard legal documentation, as well as coordinate, monitor and
manage various cash management related projects. Ideally, you are
a qualified lawyer with 3-5 years of relevant experience preferably
gained with an international bank. Additional understanding in contract
management, compliance and/or regulatory areas is preferred. Fluency
in English is required, while additional skills in German will be a plus.
Private Practice
US Capital Markets Associate | 2-3 yrs
REF: 11039/SLG
This US-based law firm now seeks a US qualified capital markets
associate to join their growing team in Singapore. You should have
first-rate academics from a top-tier university, along with at least
two years of relevant experience gained from a similar capacity. Solid
understanding of securities, banking, M&A, finance is desired along
with excellent technical skills.
Paralegal
REF: 11045/SLG
Our client, a leading global law firm requires someone to provide
practical support for its South East Asia team. This role will cover
a broad range of corporate matters and will require you to have
previous paralegal experience gained within a top international
firm. Successful candidates will have the opportunity to work with
experienced professionals in a conducive environment.
To find out more about these roles
& apply, please contact us at:
T: (65) 6220 2722
E: hughes@hughes-castell.com.sg
www.hughes-castell.com
SLG Sep12 Stand.indd 1
9/4/2012 12:13:12 PM
55
Appointments
Corporate Counsel (6-8 PQE), Singapore
Banking & Finance Lawyer (3-7 PQE), Singapore
Established telco seeks a lawyer to join their legal team.
The job scope encompasses handling commercial
agreements and providing legal support to the business
and operational functions, including litigation management.
You should have some corporate commercial experience
gained in-house. The successful candidate can look
forward to varied and interesting work, a stable and
supportive environment, and a collegiate team. [S3134]
Join a Magic Circle firm! Our client requires a
Singapore-qualified lawyer to join their recognised banking
and finance practice. If you have excellent drafting skills
and transactional experience gained in a top-ranked
Singapore law firm, this is a chance not to be missed. The
successful candidate can look forward to top-of-the-market
remuneration, comprehensive training and career growth
opportunities. [S3147]
Legal Counsel (2-5 PQE), Singapore
ECM/DCM Associate (3+ PQE), Singapore
A global networks corporation seeks a lawyer to join its
legal team in Singapore. This role will involve providing
legal support on all matters, including reviewing, drafting
and negotiating a wide range of networks services
agreements such as licensing, data warehousing,
maintenance, and procurement contracts, corporate
finance activities and litigation matters. [S3152]
One of the largest capital markets practices in Singapore is
aggressively expanding. Mid to senior associates with
substantial debt and/or equity capital markets transactional
experience from a highly ranked practice should apply.
Foreign lawyers with relevant experience who are qualified
to be admitted in Singapore may also apply. You will join a
progressive law firm and work in a market-leading capital
markets practice. Excellent remuneration on offer. [S3154]
Internal Audit & Compliance
(4+ PQE), Singapore
Professional
Project Finance Associate (4-8 PQE), Singapore
A major company in the entertainment industry is looking for
a legally qualified individual to join their team to handle
internal audit and compliance issues. The candidate should
have relevant experience in dealing with internal
investigations, suspicious transactions, OFAC and
anti-money laundering matters. Candidates can expect to
work in a fast paced and challenging environment. [S3150]
Our client, an international firm, is looking to hire an
associate to join their Projects practice based in Singapore.
The ideal candidate will have quality transactional
experience gained in a top-ranked UK/US practice. Join a
globally-recognised projects practice and learn from the
very best in the field. Competitive remuneration and
excellent career track on offer. [S3164]
Compliance & Employment VP (12+ PQE), Hong
Kong
Senior Compliance
Bengaluru, India
Our client, a Fortune 500 company and one of the top
100 best employers, seeks a Senior Counsel to advise
senior corporate management and support the Group's
business partners and staff departments for Asia Pacific. The
right candidate will play a key role in developing and
implementing an enterprise-wide strategy in APAC,
identifying key compliance risks and remaining abreast of
current ethics and compliance best practices. He/she will
also handle labor and employment matters with support of
external counsel. The ideal role for an independent,
performance-focused and collaborative individual with a high
standard of professional integrity. Superb communication
and interpersonal skills required. No Asian language skills
needed. [S3149]
Join a US IT MNC to drive corporate compliance
programmes and initiatives throughout India/South Asia.
You will ensure that appropriate processes and operating
mechanisms are in place to comply with policies and
regulatory responsibilities. You will also identify key
Critical-to-Compliance needs, determine risk, improve
controls, coordinate with the business and provide training
support. Candidates should have at least 10 years’
experience in leading compliance with a legal, compliance,
quality or finance audit background and have strong
interpersonal skills with the ability to interface with
cross-functional teams, management and regulators/
regulatory agencies. [S3126]
Singapore Office: 24 Raffles Place, #17-06 Clifford Centre,
Singapore 048621 | Tel: +65 6236 0166
Licence no. 07C5739
Hong Kong Office: Suite 901, Level 9, The Hong Kong Club
Building, 3A Chater Road, Central, Hong Kong | Tel: + 852
2526 2981
Manager
(10-14
PQE),
Appointments
56
UAE
In-House
Private Practice
IP PARTNER
Singapore
Partner
A rare opportunity has arisen for a senior IP specialist to move to an
international firm at equity partner level. This successful firm is committed to
developing a full service IP practice which will cover contentious and
non-contentious work for MNC’s. You must be able to demonstrate an
established profile in the market and a passion for business development.
(SLG 8535)
PROJECTS SENIOR ASSOCIATE
Singapore
6-8 PQE
Our client, a leading international full service law firm, is seeking a mid-level
Commonwealth qualified lawyer to join its busy projects team. You will have
experience handling both financing and project development work across a
number of sectors including energy and infrastructure. You will have worked
for one the ‘Big 4’ in Singapore or for a top-tier international law firm.
(SLG 8453)
CORPORATE ASSOCIATE
Singapore
2-4 PQE
Our client, a leading international UK law firm, is seeking a Singapore
qualified lawyer with corporate M&A experience to join its Singapore office.
You will have strong experience gained in a leading firm in public and/or
private M&A, joint ventures and restructuring work. You must have top
academics. (SLG 7997)
BANKING & CORPORATE ASSOCIATES
Jakarta
1-7 PQE
An exciting opportunity has arisen to join the Jakarta office of an international
law firm. In this busy and dynamic market, the firm has a successful local JV
and a small team of committed international lawyers. Their priority is to hire
Indonesian nationals with Singapore or other international law firm
experience, but Commonwealth trained banking and corporate lawyers will
also be considered. (SLG 9001)
PROJECT FINANCE
Singapore
4-6 PQE
Our client is a leading international law firm with one of the highest ranking
project finance teams in the region. They are seeking to hire a project
finance specialist who has had significant exposure to the energy and/or
utilities sectors. This is a senior role and there will excellent quality work
and good career progression in the Singapore office or internationally
within the firm’s network. You must be at least 4 years qualified and have
specialist experience. (SLG 8536)
BANKING / PROJECT FINANCE
Bangkok
4-7 PQE
One of the highest regarded regional practices looking to appoint a seasoned
project finance lawyer as part of their strong regional team. Excellent
opportunity to work on cutting edge transactions and high profile projects. Top
international law firm experience required. Very competitive package on offer.
(SLG 8441)
REGIONAL HEAD OF LITIGATION
Singapore
10+PQE
A rare opportunity has arisen within one of the leading global investment
banks for a senior financial services litigator to move in-house. The role will
support across the bank’s regional business on litigation, arbitration, risk
management and regulatory investigations. You may be in a law firm seeking
a pro-active and commercial role in-house or already in a bank seeking a
broader more senior role. You must have strong financial services experience.
(SLG 8565)
TRANSACTIONAL
TECHNOLOGY/TMT
Singapore
6-8 PQE
An in-house opportunity has arisen for an IT specialist to move in-house to a
technology team of a successful international business headquartered in
Singapore. This is a highly commercial, transactional focused role. The work
will be varied, ranging from outsourcing, data centres, IT transformation
projects, system integration, procurement and Cloud computing. You must
have sufficient IT experience to run significant deals with autonomy. This is an
exciting role with a global remit. (SLG 8564)
LEGAL COUNSEL: MNC
Singapore
6-10 PQE
Our client, a global leading healthcare service company is seeking to recruit its
first counsel for Singapore. The successful candidate will be comfortable
drafting all forms of commercial agreements, business partnering capability
and have a natural commercial instinct. You must have previously worked
in-house for an MNC. Mandarin language skills are required. (SLG 8479)
APAC ANTI-TRUST LEGAL COUNSEL
Singapore
5-8 PQE
Our client is a world leading oil and gas company. They are seeking a mid-level
lawyer to join their specialist anti-trust team. You will be experienced in advising
on anti-trust merger control filings, conducting anti-trust investigations and
providing anti-trust compliance advice. Knowledge of international anti-trust,
bribery and compliance laws across Asia Pacific is essential. (SLG 8555)
SR. LEGAL COUNSEL
TELECOMMUNICATION & MEDIA
Singapore
7-9 PQE
A leading telecommunication company is seeking a senior Singapore qualified
lawyer with 7 to 9 years’ experience to join its growing legal team. This role
will support all aspects of the business. The successful candidate will have
good exposure to corporate and commercial work, excellent technical drafting
skills and will enjoy working in a fast-paced environment. Candidates with
telecommunications and/or information technology experience will be
preferred. (SLG 8546)
COUNTRY LEGAL COUNSEL
Kuala Lumpur 10+ PQE
Our client is a leading US FMCG business with established operations across
Asia-Pac. They are currently seeking to hire a senior Malaysian qualified
lawyer to lead the legal team in KL. You and the team will support the
operations of the fast growing business and the work will be varied. You must
already be working in an MNC and be seeking a new challenge. An excellent
career opportunity with the potential to grow into a regional role. (SLG8590)
These are a small selection of our current vacancies. If you require further details or wish to have
a conﬁdential discussion about your career, market trends, or would like salary information then
please contact one of our consultants in Singapore:
Lisa Owens, Gemma Glynn or Jean Teh on +65 6557 4163.
Hong Kong
Singapore
Beijing
Shanghai
UAE
(852) 2920 9100
als@alsrecruit.com
(65) 6557 4163
singapore@alsrecruit.com
(86) 10 6567 8728
beijing@alsrecruit.com
(86) 21 6372 1058
shanghai@alsrecruit.com
(971) 2412 4132
mena@alsrecruit.com
57
Appointments
Singapore Legal Opportunities
In-House
Private Practice
Associate General Counsel
Singapore Corporate Associate
Corporate Counsel
Corporate Partner Role
Head of Securities Services Legal
Dispute Resolution
10 yrs+ PQE – Projects/Infrastructure
An exciting opportunity now exists to join this highly
successful MNC and to take a leadership role in Asia
Pacific. Managing a small team of lawyers you will
support the full region including China, ANZ, India
and Asean and must have experience of supporting
complex major projects, ideally with PPP exposure.
Ref: 019448 Rebecca
6-8 yrs+ PQE – FMCG/Retail
This iconic and well known business now seeks to hire
a mid level lawyer for a newly created role in Singapore.
Supporting operations in Singapore as well as across
Asia Pacific you should have experience of a range of
commercial legal matters and will support primarily
real estate and corporate matters. Great brand with
a strong corporate culture. Ref: 019181 Rebecca
8 yrs+ PQE – Leading Global Bank
Global banking institution now seeks a senior lawyer to
support the Securities Services business in this global
role. Based in Singapore, this role will suit a senior lawyer
with experience across a range of areas within securities
including Custody & Clearing, Funds Services (funds /
investment administration services), Escrow, Account
Bank and Paying Agency services. This role will involve
managing a small team. Ref: 045781 Liam
2-6 yrs PQE – M&A
We are currently representing a number of top tier
US and UK firms who are looking to expand their
corporate teams in Singapore. All firms are top
ranked and involved in high quality South East Asia
and China work. The ideal candidate will have a 2.1 in
their degree and be Singapore qualified.
Ref: 019931 Charlotte
Senior Associate/Junior Partner – UK firm
Our client, a top UK firm, is seeking a Senior
Associate/Junior Partner to join their growing team.
This is a great opportunity for a UK qualified, mature
individual with a small portable business, to make the
step up to Partner. The ideal candidate will be driven
and have experience managing associates.
Junior/Mid-level Associate – Top UK firm
Our client has an outstanding reputation in the
dispute resolution sector and is looking to add a
smart and driven individual to the team. The ideal
candidate will be UK trained and currently in a top
firm. Singapore is an extremely exciting place for
disputes work and those from Singapore/Hong Kong/
UK and Australia are encouraged to apply.
For a confidential discussion or to discuss the market, please contact
In-house
Liam Richardson
+852 2168 0791
liamrichardson@puresearch.com
In-house
Rebecca Collins
+65 6407 1206
rebeccacollins@puresearch.com
Private Practice Charlotte Brooks
+852 2168 0784
charlottebrooks@puresearch.com
Listen. Understand. Deliver.
Offices in London +44 20 7429 4400 | Hong Kong +852 2168 0798 | Singapore +65 6407 1205
www.puresearch.com
Gladys Chew
Commerce & Industry
Singapore
Expect our global network
to put you on the map
With offices in Europe, the Middle East, Asia and Australia, Taylor Root is well
positioned to help you develop your global career. We focus exclusively on the legal
recruitment market for Associates up to Partner and General Counsel with a truly
international dimension. Our experienced consultants combine deep understanding
of the legal market with an unrivalled contact network across both private practice
firms and in-house organisations. So if you’re considering your next move or simply
want informed and impartial career advice, talk to the experts. Contact us on
+65 6420 0500 or visit taylorroot.com
THE SR GROUP . BREWER MORRIS . CARTER MURRAY . FRAZER JONES . SR SEARCH . TAYLOR ROOT
taylorroot.com
In-House Roles
Data Privacy/Technology
Singapore
IT/Mandarin Speaker
Singapore
Commercial
Malaysia
Newly created role with an international bank for
a commercial Legal Counsel who is experienced in
various facets of commercial and outsourcing work,
including aspects of technology and data protection
work. Broad scope on offer for Commonwealthqualified lawyers. Ref: 188061.
6-10+ years
This international IT company specialises in
providing systems and products to the financial
services industry. Due to expansion in China, it
is looking for a Regional Counsel to handle its
PRC work. Must have native-level Mandarin
skills. Ref: 185741.
5-10+ years
Well-known Fortune 500 giant seeks a General
Counsel to come on board. As the primary business
lawyer, you should be able to provide strategic
and tactical direction and support to the business
operations on all aspects of corporate governance
and legal matters. Ref: 187391.
10+ years
Commercial/IT
Singapore
Infrastructure/Commercial Singapore
Structured Products/Fin
Globally renowned management consultancy and
services provider currently seeks an experienced
generalist commercial and outsourcing lawyer for its
growing legal team. You will need to be Singaporequalified and strong transactional and IP experience
will be a bonus. Ref: 187841.
6-8+ years
One of the leading infrastructure companies in Asia
is currently expanding and therefore looking to hire
a Legal Counsel. Candidates should have at least
6 years’ PQE and some prior experience in REIT/
real estate laws. You should also be called to a
Commonwealth jurisdiction. Ref: 188081. 6+ years
UK-headquartered financial institution seeks a
driven and experienced structured products (funded
and unfunded) lawyer for its transactions team.
Diverse product knowledge ranging from FICC/
equities to commodities would be ideal, along with
regulatory experience. Ref: 186941. 7-8+ years
Construction/Commercial Singapore
Pharma/Commercial/Reg
IT/Commercial
Asia’s leading real estate and property management
company is expanding and it now seeks a Legal
Counsel who has prior construction experience.
With a minimum of 3 years’ working experience,
you should also possess knowledge of litigation
and dispute resolution. Ref: 186501. 4-6 years
Our client is a well known MNC and pharmaceutical
giant which produces medicines and vaccines. It
seeks a stand alone Chief Legal Counsel for APAC.
You should have strong commercial acumen whilst
litigation and regulatory compliance experience will
be a bonus. Ref: 188071.
10+ years
Singapore
Hong Kong
Tokyo
US software company seeks Legal Counsel for its
APAC team. The ideal candidate will have experience
working in an in-house legal department in Japan
and will be fluent in Japanese. Budget up to 9
million Yen. Japanese bar admission not necessary
although preferable. Ref: 188031.
4+ years
To discuss In-House roles, call Gladys Chew on +65 6420 0500 or email gladyschew@taylorroot.com
Private Practice Roles
Insurance/Personal Injury Singapore
Projects
Our client is one of the world’s leading international
insurance firms with a well established presence
in Asia. They are keen to hire an insurance lawyer
with some experience of personal injury. The three
partners in the team have excellent reputations in
their field. Ref: 188101.
3-5 years
This international firm is keen to hire an
associate to undertake a varied role within
its market leading projects practice. You will
need experience in commercial/construction/
project documents in power, oil & gas, LNG and
infrastructure projects. Ref: 187051. 3-6 years
This major international firm has a well established
and strong reputation in the Singapore market. Its
two partner construction team acts on some of the
biggest arbitrations in the SE Asia region. It now
seeks an experienced contentious associate to aid
further expansion. Ref: 146601.
3-5 years
Corporate
Project Finance
Corporate
Singapore
Singapore
Singapore
Construction Litigation
Singapore
Singapore
Rare opportunity for a Singapore-qualified lawyer
to make the move to this leading international firm.
It boasts one of the best established offices in the
region. Great mix of M&A/private equity work
and excellent training on offer. Top of the market
remuneration. Ref: 185341.
NQ-2 years
This major UK firm has one of the world’s top
projects teams and is very well established in
Singapore. It currently seeks an associate. You must
have experience gained on international deals as
well as excellent academics and the ability to lead
transactions. Ref: 187051.
4-7 years
Fantastic opportunity to join the corporate team at
of one of the world’s leading law firms. The three
partner practice in Singapore undertakes a broad
range of work, all of which have a strong international
element. This would make for an excellent step up in
quality of work. Ref: 102601.
2-5 years
Energy/Oil & Gas
Funds
TMT
Singapore
This top ranked UK firm is looking to hire an
associate to join its energy team. You will need
oil & gas/LNG/M&A experience in relation to
major projects and be comfortable taking a lead
on transactions. Great career prospects for the
right person. Ref: 186031.
2-5 years
Singapore
This international firm is keen to hire a fund
formations lawyer with experience at a top ranked
City firm. The team focuses on private equity
funds and is a leading player in the market. Great
opportunity to progress your career in an exciting
and busy market. Ref: 187401.
2-4 years
Singapore
A very rare opportunity in Singapore for a TMT
lawyer looking to join an international firm. The
team focuses on IT, IP, commercial, outsourcing,
media, telecoms and competition matters and
works for headline government and multi-national
corporation clients. Ref: 185711.
2-5+ years
To discuss Private Practice roles, call Alex Wiseman on +65 6420 0500 or email alexwiseman@taylorroot.com
Please note our advertisements use PQE/salary levels purely as a guide. However, we are happy to consider
applications from all candidates who are able to demonstrate the skills necessary to fulfil the role | EA licence number 10C4100.
LONDON . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE
PRIVATE PRACTICE – SINGAPORE
PRIVATE PRACTICE – WORLDWIDE
BANKING & FINANCE
CAPITAL MARKETS ASSOCIATE – HONG KONG
With this international practice, you will have the chance to
undertake high-end banking & finance matters. Suitable candidates
will be qualified in Singapore and are likely to be working with a top
Singapore firm or an international firm. (PTSAJ2409) 1-5 YRS PQE
Top tier team seeks an associate with experience of handling debt,
equity and equity-related issues. With their first-class client base and
heavyweight partners, you will gain broad experience and a promising
career path. Open to all jurisdictions. (PTVT3064)
3 YRS PQE
DISPUTES
ASSET FINANCE – HONG KONG
A premier UK law firm is seeking a lawyer to be part of the expansion
of its practice in Singapore. The successful candidate will ideally
have construction disputes experience, but candidates with general
arbitration experience can also apply. (PTSAJ2411)
3-7 YRS PQE
Respected team with broad client base seeks an associate with
extensive transaction experience. You will be involved in lease
transactions, financing and regulatory matters. Challenging work
and fantastic rewards. (PTVT3065)
2 YRS PQE
BANKING & FINANCE
MID LEVEL CORPORATE ASSOCIATE – RIYADH
Top UK firm, with highly regarded partners, is now hiring a UK
qualified lawyer with good academics (2:1 min). Suitable candidates
must have experience in general B&F and debt capital markets, and
should be capable of supervising juniors. (PTSAJ2387) 4-6 YRS PQE
This international firm is consistently ranked among the top tier in the
kingdom. You will work on both regional and international transactions
and come from a similar international environment. Outstanding
package and relocation provided. (PTMB3068)
3-5 YRS PQE
DISPUTES PARTNER
LITITGATION ASSOCIATE – TOKYO
An opportunity for candidates with a book of business and commercial
arbitration experience to join a firm that plans to double its Asian
footprint. On offer is equity or salaried partnership with this globally
branded law firm with Singapore capabilities. (PTSAJ2414) PARTNER
Top Tier firm with award winning disputes practice is seeking an
associate with a minimum of 2 yrs experience at reputable firm to
handle commercial litigation and general disputes work. Japanese
language ability is not required. (PTJAK0010)
3-5 YRS+ PQE
PUBLIC COMPANY M&A - SNR ASSOCIATE / JNR PARTNER
SNR CONSTRUCTION & ENGINEERING ASSOCIATE – DUBAI
A senior associate or a junior partner is sought by this top-tier firm.
Suitable candidates should have public company M&A experience.
A good opportunity to join an international firm in a practice area
market for strategic growth. (PTSAJ2416)
5 YRS+ PQE
This regional powerhouse is seeking a senior lawyer who has both
contentious and non-contentious experience. Their clients include
government entities and major public & privately owned companies
in the region. Fantastic tax free salary. (PTMB3069)
5-8 YRS PQE
FUNDS
B&F LEGAL ASSOCIATE – SHANGHAI / BEIJING
This opportunity will suit a mid to senior lawyer. Candidates will need
solid academics and funds experience. The successful lawyer will
advise on a variety of funds matters including the structuring,
establishment and registration of funds. (PTSAJ2415) 4-7 YRS PQE
Top tier international firm seeks a common law qualified Associate to
join its finance practice in Shanghai / Beijing. You will gain exposure to
cross-border deals and financings. Excellent command of spoken and
written English and Mandarin is required. (PTEW3078) 2-5 YRS PQE
AVIATION FINANCE - SENIOR ASSOCIATE AND PARTNER
US SECURITIES – SINGAPORE
This client has an excellent global footprint in aviation law. They
would like to extend this to Singapore with the addition of senior
associates and partners. Candidates should have at least 4 yrs PQE
in aircraft finance. (PTSAJ2417)
4 YRS+ PQE
In this role you will work on debt and equity transactions with a US
securities law component. Suitable candidates will have worked
with a very well regarded US practice in a financial centre. US salary
rates on offer. (PTSAJ2396)
2-5 YRS PQE
SINGAPORE OFFICE
HONG KONG OFFICE
TOKYO OFFICE
Please contact Conor Greene at (65) 6603 1999
Please contact Conor Greene at (852) 2521 0306
Please contact Amir Khan at (81) 3 4550 1526
or email sing@law-alliance.com
or email hk@law-alliance.com
or email japan@law-alliance.com
IN-HOUSE – SINGAPORE
IN-HOUSE – ASIA
SENIOR AVP CORPORATE COMMERCIAL - BANK
HEAD OF LEGAL AND COMPLIANCE - FUNDS – HONG KONG
Blue chip international financial services institution is seeking a
general corporate counsel for a role encompassing outsourcing, data
protection and IT. You will ideally have a background in IT/TMT, and
general corporate commercial practice. (ISSRB1641)
6 YRS+ PQE
Join this large global institutional investor as the Head of Legal to
manage all legal and regulatory issues for the Group’s businesses in
Asia. You will be advising on a range of financial products including
equity and fixed income securities. (ISEW1510)
8 YRS+ PQE
LEGAL COUNSEL - MNC
LEGAL COUNSEL - MNC – MALAYSIA
Singapore MNC with diversified operations is hiring a legal counsel
to join their team and handle an autonomous portfolio, with a
regional remit. Broad experience, including corporate commercial/
M&A and corporate real estate required. (ISSRB1642) 4 YRS+ PQE
A global presence in logistics/warehousing solutions, our client is
hiring a corporate lawyer to bolster its legal presence in Kuala Lumpur.
You will work with an experienced international lawyer, and handle the
legal work for the EMEA business. (ISSRB1643)
4 YRS+ PQE
SENIOR LEGAL COUNSEL - SHIPPING
DATA GOVERNANCE MANAGER - BANK – SINGAPORE
Working with a global leader in the energy and maritime solutions
industry and reporting directly to the MD, you will step in as a Senior
Legal Counsel in what promises to be a role that has an impact on
key decisions. (ISSRB1614)
6 YRS+ PQE
Exciting role for a lawyer experienced in dealing with data protection
You will ensure the Bank complies with all applicable legal and
regulatory requirements relating to data and information management,
technology, operations and IP matters. (ISSMG1632)
5 YRS+ PQE
LEGAL GROUP MANAGER - MNC
JUNIOR LAWYER - GLOBAL ASSET MANAGER – HONG KONG
A leading name in the IT space is looking for a legal manager. The
role will encompass a range of legal issues, and Commercial IT and
outsourcing experience as in-house counsel is a must have.
(ISSRB1505)
8 YRS PQE
Based in HK, you will be responsible for fund establishment/
maintenance, as well as drafting and reviewing a range of contracts
and funds related documents including distribution agreements.
International firm experience preferred. (ISEW1522)
3 YRS+ PQE
LEGAL COUNSEL - GLOBAL MNC
LEGAL COUNSEL (CONTRACTOR) - CORPORATE – SG
Work in a tight knit legal team as a part of this household name in
manufacturing and innovation. You will support the regional business
and advise on the operations in SEA conduct internal compliance
training and manage external legal counsel. (ISSRB1639) 5 YRS PQE
SGX-listed company is now hiring for the role of legal counsel. This
represents an excellent opportunity for a corporate lawyer to
transition from practice to in-house. Suitable candidates should have
a good working knowledge of Mandarin. (ISSRB1640)
2 YRS+ PQE
COMMERCIAL COUNSEL APAC - MNC
LEGAL MANAGER - CONSULTANT – JAPAN
Our client is a technology player with a new legal desk based in
Singapore and they seek a corporate generalist. An excellent
opportunity for a corporate lawyer in an autonomous setup with a
regional remit. Minimal travel. (ISSMG1634)
4-7 YRS PQE
Global consulting firm is looking for a Legal Manager to join their
Tokyo team. Bar qualification is preferred (Bengoshi or foreign) and
5+ years experience at a law firm or in house is a must. Japanese
fluency and business English required. (ISJAK0065)
5 YRS PQE
LEGAL COUNSEL - BANK
GENERAL COUNSEL - MNC – BANGKOK
Renowned team in the APAC financial markets space is hiring a legal
counsel. You will have experience with swaps and derivatives; scope
will extend beyond ISDA work. Good opportunity to gain broad
finance experience. (ISSMG1636)
5-8 YRS PQE
MNC with a billion dollar annual turnover is on the lookout for a
General Counsel, based in its Bangkok headquarters. Corporate
experience in emerging markets is requisite as is liaison with
government bodies. (ISSMG1637)
8 YRS+ PQE
Licence no. – 04C2894
www.law-alliance.com
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Sep 2012 - The Law Society of Singapore

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