Completion of retainer and withdrawal from representation

26.—

(1)  The following principle guides the interpretation of this rule.

Principle     

The duties of honesty, competence and diligence owed by a legal practitioner to his or her client continue until the termination of the retainer.

(2)  Except as otherwise provided in this rule, a legal practitioner must complete the work which he or she agreed to undertake pursuant to his or her client’s instructions.

(3)  The dissolution of a law practice terminates the lawyer-client relationship between a client of the law practice and the legal practitioner in the law practice who is in charge of the client’s matter.

(4)  A legal practitioner must withdraw from representing a client, if —

(a)the legal practitioner is discharged from the engagement by the client; or

(b)having come into possession of a document belonging to another party by any means other than the normal and proper channels, and having read the document, the legal practitioner would be embarrassed in the discharge of the legal practitioner’s duties by the knowledge of the contents of the document.

(5)  A legal practitioner may withdraw from representing a client in a case or matter, if —

(a)the legal practitioner gives reasonable notice of the withdrawal to the client;

(b)the withdrawal will not cause any significant harm to the client’s interests, the client is fully informed of the consequences of the withdrawal, and the client voluntarily assents to the withdrawal;

(c)the legal practitioner reasonably believes that continued engagement in the case or matter is likely to have a serious adverse effect on the legal practitioner’s health;

(d)the client —

(i)fails to pay the legal practitioner’s invoice within the stipulated period; or

(ii)otherwise breaches an agreement with the legal practitioner regarding —

(A)fees or expenses to be paid by the client; or

(B)the client’s conduct;

(e)the client makes material misrepresentations about the facts of the case or matter to the legal practitioner;

(f)the withdrawal is necessary to avoid a contravention by the legal practitioner of —

(i)the Act;

(ii)these Rules or any other subsidiary legislation made under the Act;

(iii)any practice directions, guidance notes and rulings issued under section 71(6) of the Act;

(iv)any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society; or

(v)if the legal practitioner is duly authorised or registered to practise law in any state or territory other than Singapore, any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by —

(A)the foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory; or

(B)any relevant professional body of that state or territory;

(g)there is a serious loss of confidence between the legal practitioner and the client; or

(h)any other good cause exists.

(6)  Where a legal practitioner withdraws from representing a client in a case or matter, the legal practitioner must —

(a)take reasonable care to avoid foreseeable harm to the client, including, where the circumstances permit —

(i)by giving reasonable notice of the withdrawal to the client;

(ii)by giving the client a reasonable amount of time to engage another legal practitioner to take over the case or matter; and

(iii)by cooperating with the client’s new legal practitioner; and

(b)abide by the client’s decision on whether to appoint another legal practitioner, and who to appoint, to take over the case or matter, if not completed.

(7)  Where a legal practitioner(A) claims to exercise a lien for unpaid legal costs over any document of his or her client relating to a matter —

(a)in any case where another legal practitioner (B) is acting for the client, A must release that document to B, and offer such assistance as may be necessary to enable B to take over the matter, if —

(i)B undertakes to hold that document subject to the lien, and provides reasonable security for A’s unpaid costs; or

(ii)B offers to pay, or to enter into an agreement with the client to obtain payment of, A’s costs upon the completion of the matter, and A accepts B’s offer; or

(b)in any other case, A must release that document to the client, if A receives reasonable security for A’s unpaid costs.