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A Good Lawyer: a Primer 46 ES_Law Gazette_April 210x280p.indd 1 12/3/15 5:33 pm 01 President’s Message Th e “Phantom Menace” of Oversupply The current and foreseeable surplus of law graduates has I have over this period been asked, what is the Law Society caused much collective angst and gnashing of teeth. There going to do about this problem? is a palpable desperation to secure training contracts, to the extent that applicants are offering to work for free as long I’m probably going to making myself extremely unpopular for as they are given one. `The problem is in two parts. Part saying this, but from the perspective of the legal profession one is that there are just too many law students chasing too – problem, what problem? We’re actually quite sanguine few training contracts. Part two is less obvious, but just as about the situation as it has become an employers’ market. troubling for those currently studying law. There will likely I can still remember the time, less than 10 years ago, when be too many trainees chasing too few actual jobs in the the aggregate demand of the four largest Singapore fi rms profession. Both of these will be exacerbated year on year could absorb the entire local cohort, which at that time, was as the law students who didn’t get training contracts will try exclusively from NUS. The numbers from the “bar” were again the following year, and the trainees that didn’t get jobs also limited. This experiment to restrict the supply of lawyers may still be in the market competing with the next batch of went horribly wrong, and associate starting pay ballooned. trainees. Many small and medium sized fi rms simply could not recruit, and their adaptive response was to structure their This cocktail of insecurity was further stirred when the SILE processes, to the extent that they could, to reduce or obviate reduced the number of UK Overseas Scheduled Universities the need for young associates. This may also explain their (“OSU”) from 18 to 11. present mindset, where in spite of the oversupply, some of the smaller fi rms have got used to not needing associates, In any periodic and systematic review of the list of OSU, so no additional hiring takes place. one would consider, and expect additions or subtractions. Given the prevailing perception and reality of oversupply, It is true that the current supply of potential lawyers exceeds the contracting of the UK list was probably not illogical. demand, which should restore some sanity to pay scales, That didn’t ameliorate the controversy, prompted by the though there will be a time lag, as salaries have a tendency to comparison with Australian Universities on the OSU list – ratchet upwards, but develop stickiness going downwards. none were cut. This is happening today; there is a gradual rationalisation of associate pay, but the starting pay for lawyers still But that differential in treatment is unconnected with signifi cantly exceeds that of other professionals. quality, but by reason of an existing FTA between Australia and Singapore which mandates the recognition of certain The occasional commentators on this issue have said there Australian Universities. will be an oversupply or surplus of lawyers. I beg to differ, respectfully. The legal profession will hire the exact number Skeptical observers have disagreed with this approach; of lawyers that it needs, and that it can afford. Statistically, they say that the foreseeable consequence of reducing the we have absorbed between 400 to 500 new lawyers annually number of UK OSUs is that the number of law graduates for the last few years. This number not only accounts for will continue unabated as the supply will “migrate south”. law fi rm growth, but also attrition. By attrition I mean those They advocate a free market approach – no OSU list – that do not renew their practising certifi cates for a variety quality control will be in the form of tougher domestic bar of reasons – some retire or leave, some go in-house, and examinations. After that, let economic forces establish the others go to international fi rms. This means that you cannot equilibrium. really count on in-house teams or international fi rms to mop Continued on page 4 Singapore Law Gazette April 2015 Contents President’s The “Phantom Menace” of Oversupply 01 Message M News Diary and Upcoming Events 05 Council and Committee Bulletin 06 N From the Desk of the CEO 08 Part B of the Singapore Bar Examinations 2014 09 The Ethics of Criminal Practice 12 Features Beyond Professional Courtesy: Reappraising the Rationales of the 24 “No-Contact” Rule in Singapore F Absconded Accused: Show Cause, Mitigation and Forfeiture 31 De-Coding Anti-Competitive Agreements: The Indian Approach 38 Columns The Young Lawyer — Amicus Agony 45 C The Young Lawyer — A Good Lawyer: A Primer 46 Lifestyle Alter Ego — Oh No, Another Festival! 48 L Food — Scotts 27: Dining with Distinction, Amongst Friends 50 Notices Professional Moves 54 N Information on Wills 55 Appointments 57 A Cover Illustration: Gwenyth Leong Th e Singapore Law Gazette LexisNexis Sonya, Ms Lisa Sam, Mr Anand Nalachandran, Mr Chiam Tao 3 Killiney Road, # 08-08, Winsland House 1, Singapore Th e Law Society’s Mission Statement Koon, Ms Usha Chandradas, Mr Sunil Sudheesan, Mr Yeo Chuan 239519 To serve our members and the Tel: (65) 6733 1380 communitty by sustaining a Tat, Ms Katie Chung, Ms Wendy Lin, Mr Paul Tan, Mr Arvindran competent and independent Bar s/o Manoosegaran, Ms Simran Kaur Toor, Mr Grismond Tien Fax: (65) 6733 1719 which upholds the rule of law and http://www.lawgazette.com.sg ensures access to justice. Editorial Board Publishing Reed Elsevier (Singapore) Pte Ltd ISSN 1019-942X Ms Malathi Das, Mr Rajan Chettiar, Ms Celeste Ang, Ms Simran trading as LexisNexis Associate Director, Publishing, Singapore Terence Lim Th e Singapore Law Gazette is the offi cial publication of the An Offi cial Publication of Th e Law Society of Singapore Kaur Toor, Mr Benjamin Teo, Mr Cameron Ford, Ms Debby Lim, Mr Evans Ng, Mr Kishan Pillay, Ms Lye Hui Xian, Mr Marcus Yip, Mr Director, Sales, Singapore and OSEA Angie Ong Law Society of singapore. 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Email: [email protected], [email protected] Further, the contents of the journal do not necessarily refl ect the Th e Council of Th e Law Society of Singapore Continuing Professional Development Ms Jean Wong Printing Markono Print Media Pte Ltd views or opinions of the publisher, the Law Society or members President Mr Th io Shen Yi, SC Finance Ms Jasmine Liew, Mr Cliff ord Hang Information Technology Mr Michael Ho of the Law Society and no liability is accepted or members of Vice Presidents Mr Kelvin Wong LexisNexis, a division of Reed Elsevier (Singapore) Pte Ltd, is a the Law Society and no liability is accepted in relation thereto. 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Subscription Fee S$228.00 (inclusive of GST) for 12 issues Singapore Law Gazette April 2015 04 President’s Message Continued from page 1 up the surplus. Their hires are already indirectly accounted though it will be accretive in nature, and unlikely to for in the number of new jobs going to new entrants. They be signifi cant. New international fi rms will initially be tend to recruit further along the pipeline, from the ranks populated by lawyers from the “home” jurisdiction. What of junior or senior associates. I have not included in this may be more signifi cant is the increased “localisation” discussion academia and the legal service; the universities or “glocalisation” of international fi rms.
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