Part of a comprehensive analysis of the Legal Profession Act 1966
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Key Provisions and Their Purpose under Part IX of the Legal Profession Act 1966
Part IX of the Legal Profession Act 1966 (the “Act”) governs the recovery and assessment of legal costs and fees by solicitors in Singapore. It establishes a comprehensive framework to regulate how solicitors bill clients, how disputes over fees are resolved, and the rights and obligations of both solicitors and clients in relation to legal costs. The key provisions and their purposes are as follows:
"This Part applies — (a) to all remuneration and costs received by a Singapore law practice or a solicitor practising in a Singapore law practice...; (b) with the necessary modifications, to all remuneration and costs received in respect of the practice of Singapore law by — (i) a Joint Law Venture...; (ii) a foreign lawyer registered under section 36B; or (iii) a solicitor registered under section 36E." — Section 116(2), Legal Profession Act 1966
This provision defines the scope of Part IX, ensuring that it applies broadly to all legal practitioners and entities practising Singapore law, including foreign lawyers and joint law ventures. The purpose is to maintain uniformity and regulatory oversight over all legal costs charged within Singapore’s jurisdiction.
"Any court in which a solicitor has been employed... may — (a) at any time declare the solicitor entitled to a charge on the property recovered or preserved through his or her instrumentality for his or her assessed costs...; and (b) make such orders for the assessment of the costs and for paying, or raising money to pay, the costs out of that property as it thinks fit." — Section 117(1), Legal Profession Act 1966
Verify Section 117 in source document →
This provision empowers courts to grant solicitors a charging order on property recovered or preserved through their efforts, securing payment of their assessed costs. It protects solicitors’ interests by ensuring they have a legal charge over the fruits of their work, preventing clients from evading payment.
"A solicitor must not... commence or maintain any action for the recovery of any costs... until the expiry of one month after he or she has delivered... a bill of those costs." — Section 118(1), Legal Profession Act 1966
Verify Section 118 in source document →
This section imposes a mandatory cooling-off period before a solicitor can initiate legal proceedings to recover fees, allowing clients time to review and dispute the bill if necessary. It promotes transparency and fairness in billing practices.
"The court may authorise a solicitor to commence an action for the recovery of his or her costs... although one month has not expired from the delivery of the bill, upon proof... that any party chargeable therewith is about to quit Singapore... or to take any other steps... which... would tend to defeat or delay the solicitor in obtaining payment." — Section 119, Legal Profession Act 1966
Verify Section 119 in source document →
This provision balances the cooling-off period by allowing early commencement of recovery action in exceptional circumstances, such as when a client is about to leave Singapore or take steps to avoid payment. It safeguards solicitors from deliberate evasion tactics.
"An order for the assessment of a bill of costs delivered by any solicitor may be obtained... by the party chargeable therewith, or by any person liable to pay the bill... or, by the solicitor, after the expiry of one calendar month and within 12 months from the delivery of the bill." — Section 120(1), Legal Profession Act 1966
Verify Section 120 in source document →
This provision enables either party to seek a court order for assessment of the solicitor’s bill, ensuring an independent review of the costs charged. The time limits encourage timely resolution of disputes and prevent indefinite uncertainty.
"The costs of obtaining an order for assessment of costs... if the order is obtained by the solicitor... are... the sum of $25 or such other sum as may be prescribed." — Section 121(1), Legal Profession Act 1966
Verify Section 121 in source document →
This section sets out the prescribed costs payable for obtaining an assessment order, providing clarity and predictability on procedural expenses involved in cost disputes.
"After the expiry of 12 months from the delivery of a bill of costs... no order is to be made for assessment... except upon notice to the solicitor and under special circumstances to be proved to the satisfaction of the court." — Section 122, Legal Profession Act 1966
Verify Section 122 in source document →
This provision imposes a strict time limit on applications for assessment, promoting finality and certainty in legal cost matters. It prevents stale claims and encourages parties to act promptly.
"All applications made under section 120(1)... must... contain a submission by that party to pay the amount thereof to the solicitor when assessed." — Section 123, Legal Profession Act 1966
Verify Section 123 in source document →
This requirement ensures that parties seeking assessment acknowledge their obligation to pay the assessed amount, thereby discouraging frivolous or vexatious applications.
"An order for the delivery of a solicitor’s bill of costs... may be obtained on an application made under section 120(1)." — Section 124(1), Legal Profession Act 1966
Verify Section 124 in source document →
This provision facilitates transparency by allowing parties to obtain copies of the solicitor’s bill, enabling informed decisions and fair dispute resolution.
"When an application is made by a party other than the party chargeable, the court may order the solicitor to deliver... a copy of the bill of costs, upon payment of the costs of making the copy." — Section 125, Legal Profession Act 1966
Verify Section 125 in source document →
This section balances the interests of third parties seeking information with the solicitor’s rights, requiring payment for copying costs to prevent abuse.
"Bills of costs for assessment as between solicitor and client must be drawn in the manner provided by the Rules of Court, and the assessment is governed by those Rules." — Section 126, Legal Profession Act 1966
Verify Section 126 in source document →
This provision ensures that billing and assessment procedures conform to established court rules, promoting consistency, fairness, and procedural rigor.
"The Registrar may allow interest... on moneys disbursed by a solicitor for his or her client, and on moneys of the client in the hands of the solicitor and improperly retained by him or her." — Section 127, Legal Profession Act 1966
Verify Section 127 in source document →
This section protects clients’ financial interests by allowing interest on disbursements and client monies improperly withheld, incentivising solicitors to handle client funds responsibly.
"In case any order for assessment is made... the costs of the order and assessment... must be paid according to the event of the assessment — (a) if the bill when assessed is less by a sixth part than the bill delivered, then the solicitor must pay the costs; or (b) if the bill when assessed is not less by a sixth part, then the party chargeable or liable... must pay the costs." — Section 128(1), Legal Profession Act 1966
Verify Section 128 in source document →
This provision allocates the costs of assessment based on the outcome, penalising solicitors for significantly inflated bills and protecting clients from excessive charges.
"Rules made under section 72 are to make provision for requiring a solicitor... either (a) to keep... money received for or on account of a client... or (b) to make good to the client out of the solicitor’s own money a sum equivalent to the interest which would have accrued..." — Section 129(1), Legal Profession Act 1966
Verify Section 129 in source document →
This section mandates solicitors to safeguard client monies and compensate clients for lost interest, reinforcing fiduciary duties and financial accountability.
"Nothing in this Act affects the right... of the Government... to recover costs awarded to it in, or respecting, any cause or matter." — Section 130(1), Legal Profession Act 1966
Verify Section 130 in source document →
This provision preserves the Government’s statutory rights to recover costs, ensuring that Part IX does not impede public interest enforcement or Government litigation.
Definitions in Part IX of the Legal Profession Act 1966
Clear definitions are essential for the proper application of Part IX. Section 116(1) provides the following key definitions:
"In this Part — 'court' means the General Division of the High Court, a Family Court, a District Court or a Magistrate’s Court, and includes the Registrar; 'Registrar' means the Registrar of the Supreme Court, the registrar of the Family Justice Courts or the registrar of the State Courts, and includes — (a) the Deputy Registrar or an Assistant Registrar of the Supreme Court; (b) the deputy registrar or an assistant registrar of the Family Justice Courts; and (c) a deputy registrar of the State Courts; 'solicitor' includes the executors, administrators and assignees of the solicitor in question and a law corporation or a limited liability law partnership." — Section 116(1), Legal Profession Act 1966
These definitions ensure that the provisions apply uniformly across various courts and registrars, and extend the term “solicitor” to include legal entities and representatives, reflecting the modern legal practice landscape. This clarity prevents ambiguity in enforcement and interpretation.
Penalties and Consequences for Non-Compliance under Part IX
While Part IX does not explicitly prescribe criminal penalties for non-compliance, it contains important provisions that protect solicitors’ rights and impose financial consequences for improper conduct or billing practices.
"All conveyances and acts done to defeat, or operating to defeat, the charge mentioned in subsection (1)(a) are, except in the case of a conveyance to a bona fide purchaser for value without notice, void as against the solicitor." — Section 117(2), Legal Profession Act 1966
Verify Section 117 in source document →
This provision invalidates any attempts to defeat a solicitor’s charging order except where the purchaser is bona fide and without notice, protecting solicitors from fraudulent transfers designed to avoid payment.
"A solicitor must not... commence or maintain any action for the recovery of any costs... until the expiry of one month after he or she has delivered... a bill of those costs." — Section 118(1), Legal Profession Act 1966
Verify Section 118 in source document →
Failure to comply with this mandatory waiting period may result in the dismissal of recovery actions, thereby enforcing procedural discipline and protecting clients from premature litigation.
"If the bill when assessed is less by a sixth part than the bill delivered, then the solicitor must pay the costs; or if the bill when assessed is not less by a sixth part, then the party chargeable or liable... must pay the costs." — Section 128(1), Legal Profession Act 1966
Verify Section 128 in source document →
This cost-shifting mechanism penalises solicitors who overcharge by a significant margin, incentivising accurate and fair billing, while protecting clients from bearing unnecessary assessment costs.
Cross-References to Other Legislation
Part IX interacts with several other statutes and provisions to ensure coherence within Singapore’s legal framework:
"An order must not be made under subsection (1) if the right to recover the costs is barred by the Limitation Act 1959." — Section 117(3), Legal Profession Act 1966
Verify Section 117 in source document →
This cross-reference to the Limitation Act 1959 ensures that cost recovery claims comply with statutory limitation periods, preventing stale claims and promoting legal certainty.
"Section 39 of the State Courts Act 1970 does not apply to proceedings brought under this section." — Section 120(4), Legal Profession Act 1966
Verify Section 3 in source document →
This clarifies procedural exclusivity, indicating that certain provisions of the State Courts Act 1970 do not apply to cost assessment proceedings, thereby streamlining the process under the Act.
"...with the necessary modifications, to all remuneration and costs received in respect of the practice of Singapore law by — (ii) a foreign lawyer registered under section 36B; or (iii) a solicitor registered under section 36E." — Section 116(2)(b), Legal Profession Act 1966
Verify Section 116 in source document →
This cross-reference integrates foreign lawyers and registered solicitors into the regulatory regime, reflecting Singapore’s openness to international legal practice while maintaining regulatory standards.
"Nothing in this Act affects the right... of the Government when represented by any of such persons as are mentioned in section 29(2)(a) to recover costs..." — Section 130(1), Legal Profession Act 1966
Verify Section 130 in source document →
This preserves the Government’s statutory rights under section 29(2)(a), ensuring that Part IX does not curtail public interest litigation or Government cost recovery.
"Rules made under section 72 are to make provision for requiring a solicitor... to keep... money received for or on account of a client..." — Section 129(1), Legal Profession Act 1966
Verify Section 129 in source document →
This cross-reference to section 72 empowers the creation of rules governing solicitors’ handling of client monies, reinforcing fiduciary duties and financial safeguards.
Conclusion
Part IX of the Legal Profession Act 1966 establishes a detailed and balanced framework for the recovery and assessment of legal costs in Singapore. Its provisions protect both solicitors’ rights to fair remuneration and clients’ interests against excessive or improper charges. The Part’s definitions ensure clarity and applicability across various legal entities and courts. While explicit penalties are limited, the Act enforces compliance through procedural requirements, cost-shifting mechanisms, and protections against fraudulent acts. Cross-references to other legislation integrate Part IX within Singapore’s broader legal system, ensuring consistency and coherence.
Sections Covered in This Analysis
- Section 116 – Definitions and Application of Part IX
- Section 117 – Charging Orders for Solicitor’s Costs
- Section 118 – Restrictions on Commencing Action for Fees
- Section 119 – Court’s Power to Authorise Early Action for Fees
- Section 120 – Orders for Assessment of Bills of Costs
- Section 121 – Costs Related to Assessment Orders
- Section 122 – Time Limits for Assessment
- Section 123 – Submission to Pay in Applications
- Section 124 – Orders for Delivery of Bills and Documents
- Section 125 – Solicitor’s Duty to Deliver Copies
- Section 126 – Preparation and Assessment of Bills
- Section 127 – Interest on Disbursements and Advances
- Section 128 – How Costs of Assessment Are Borne
- Section 129 – Interest on Client’s Money
- Section 130 – Costs of Government
Source Documents
For the authoritative text, consult SSO.