Champerty is now legal and acceptable (Correction, my mistake)

The latest ruling in the High Courts by the Chief Justice Sundaresh Menon and Judges of Appeal Chao Hick Tin and Andrew Phang on Champerty is most welcomed by the people and the legal fraternity. The practice of allowing lawyers to be paid only on winning a case was illegal in the past but due to the overriding circumstances of extremely forbidding legal fees this has to change. Otherwise many people who cannot afford the high legal fees will be robbed of justice in our world class legal system. It then would be like only the rich can buy justice and the poor will be robbed of justice, punished by injustice.

There are other issues for making this practice illegal in the past such as lawyers demanding excessive payouts and leading to conflicts of interest, or frivolous litigation. The latter, frivolous litigation, is now the hobby of the rich, knowing that they can threaten the poor with Sue and the poor would have to say sorry even if not guilty, no money to pay for legal fees. Such concerns can always be taken care of in modernity when the clients can seek redress should they think they have been cheated. The legal system, the legal profession, must make provisions for unhappy clients to have an avenue for mediation and conciliation when there is a dispute with the mighty legal professionals on legal fees. There must be transparency, honesty and integrity in the legal profession if this change is to work.

The change will now make justice available to all, including those who cannot afford the legal fees. Maybe the fees can be worked into a case on a contractual basis and open to scrutiny and investigation by the legal profession and the courts. This may make things more transparent and equitable and not be subject to abuse and discriminatory practices of foul lawyers.

This is definitely a good thing and the rich and powerful are less likely to take advantage of the poor and weak now.

PS. My apologies. I thought I read the paper yesterday saying that this was a big change in our legal system. I re read and see this statement, '

“We wish to emphasize that until and unless there is a change in the law, lawyers who enter into champertous agreements can expect to face at least a substantial period of suspension,” Chief Justice Sundaresh Menon wrote in the court’s 45-page decision, “and depending on the factual matrix this period could well exceed the present imposition of six months.”



Read more: http://www.law.com/jsp/law/international/LawArticleIntl.jsp?id=1202611925480&Singapores_Top_Court_Suspends_Lawyer_for_Champerty#ixzz2ZvN189oV