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Proposed changes to the Legal Profession Act, to be discussed at the next Parliament sitting expected next month, will give the Court of Three Judges the option of fining errant lawyers up to $100,000 on top of a censure or suspension.
The proposed Bill also aims to speed up the hearing of such cases - a point raised by the Chief Justice earlier this year when he said some cases came before him as many as three years after the complaint was first lodged.
The proposed Bill, which had its first reading in Parliament last week, also lays out a detailed framework for qualified foreign lawyers to practise here in areas such as maritime and banking law.
The changes stem from recommendations of a high-powered committee led by Judge of Appeal V. K. Rajah to develop the country's legal sector. Its report was accepted by the Government last December.
Among the points raised by the committee was the need to enforce ethical standards among lawyers through the disciplinary process.
The committee had noted some unhappiness voiced by the public about the process and a recurring complaint was the lengthy wait for an errant lawyer's case to be heard.
The average time taken for disciplinary committees to complete their tasks had doubled from 7.5 months in 2002 to 15.4 months in 2006.
One reason why disciplinary committees take so long now is their composition. Such committees, appointed by the CJ, are made up of four members - two lawyers, a legal sector officer who is usually from the Attorney-General's Chambers, and a lay person.
Lawyers who have served on such committees say it is often very difficult to find a time when all four members are free to meet.
A two-member disciplinary tribunal is being proposed instead.
The tribunal's president will be a senior counsel, former judge or judicial commissioner and the other member has to be a senior lawyer of at least 12 years' standing.
Justice Rajah's committee had proposed a one-member tribunal, but a Law Society spokesman said yesterday it had raised concerns about this and suggested a two-member tribunal instead.
The spokesman added that a second member would assist the tribunal's president in 'providing invaluable insight into the current practice when determining issues of conduct of a lawyer'.
In the event that the two members disagree on the verdict, the president's vote will hold more weight.
A disciplinary committee which probes a misconduct case and concludes it is serious enough can recommend that the lawyer be tried by a Court of Three Judges.
The court could also get the option of punishing a lawyer with a fine of as much as a $100,000, on top of a censure or suspension. For very serious cases, the court can also dismiss a lawyer.
As for foreign lawyers, the new law will allow up to five foreign law firms to practise here.
Lawyers described the move as another big step because foreign lawyers who practise Singapore law are more likely to use Singapore law as the basis for corporate cross-border deals.
The latest moves are part of a plan to liberalise the legal services sector gradually in the coming years with a view to eventual deregulation.
