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COMMISSIONERS FOR OATHS MANUAL

For Advocates and Solicitors

This Manual is intended for the guidance of all commissioners for oaths. Questions may arise

which are not covered by this Manual, in which event application may be made to the Board of

Commissioners for Oaths and Notaries Public for a ruling. Copies of the Board’s rulings will be

circulated to all commissioners for oaths for their information and also for incorporation into

section 5 of this Manual (“Questions and Answers”). Due to time constraints, such rulings may

have application to future cases rather than the immediate case out of which the ruling has

arisen.

TABLE OF CONTENTS

1. BACKGROUND AND HISTORY PAGE 3

1.1 Background and Legal Framework Page 3

1.2 Categories of persons eligible for appointment Page 5

1.3 Revocation of Appointment Page 6

2. FUNCTIONS AND POWERS PAGE 7

2.1 Language Page 8

2.2 Lawyer acting as Commissioner Page 9

2.3 Register of Documents Page 10

2.4 Fees Page 11

2.5 Oaths and Declarations Act (Cap 211) Page 12

2.6 Formality for the taking of Oaths Page 15

2.7 Commissioning via video-conferencing Page 16

3. PUBLICITY RULES PAGE 17

4. CHECKLIST OF RECOMMENDED STEPS PAGE 20

5. CHECKLIST OF RECOMMENDED DON’TS PAGE 21

6. QUESTIONS & ANSWERS PAGE 23

COMMISSIONERS FOR OATHS

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1. BACKGROUND AND HISTORY

1.1 Background and Legal Framework

"Commissioners for oaths" include the Registrar, the Deputy Registrar and the Assistant

Registrars, and those other persons successfully applying for and appointed by the Senate of the

Singapore Academy of Law. Such persons include advocates and solicitors, court interpreters,

officers in the employment of government ministries, departments, statutory boards,

government-linked companies and employees of designated non-profit organisations who are

considered fit and proper persons to be appointed to administer oaths (including affirmations

and declarations) within the Republic of Singapore as more particularly set out under

section 68(2) of the Supreme Court of Judicature Act (Cap 322) (“SCJA”) subject to any limitations

expressed in the Act or in their appointments. The Senate has delegated the power to appoint

commissioners to the Board of Commissioners for Oaths & Notaries Public under the Singapore

Academy of Law Rules.

Under rule 4 of the Commissioners for Oaths Rules, commissioners for oaths (of all

categories) shall be appointed for a period of one year, subject to their being entitled to apply for

re-appointment for each subsequent year as the Senate may, in its discretion, decide.

The Supreme Court of Judicature Act (Cap 322) –

Section 68(1) –

The Registrar, the Deputy Registrar, and the Assistant Registrars shall be ex-officio

commissioners for oaths.

Section 68(2) of the Supreme Court of Judicature Act (Cap 322) provides that the Senate of

the Singapore Academy of Law may appoint commissioners for oaths.


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By virtue of rule 11(1) of the Singapore Academy of Law Rules, the Senate appointed a

Board of Commissioners for Oaths and Notaries Public ("The Board") consisting of –

(a) a chairman who shall be a member of the Senate;

(b) one judicial officer nominated by the Chief Justice;

(c) one public officer nominated by the Minister for Law;

(d) one advocate and solicitor nominated by The Law Society; and

(e) a secretary.

By virtue of rule 11(2) of the Singapore Academy of Law Rules, the Board shall have the

power –

(a) to appoint and reappoint commissioners for oaths and notaries public and to

revoke or suspend existing appointments;

(b) to inquire into complaints against persons alleged to have acted in breach of the

conditions of their appointments as commissioners for oaths or notaries public

and where appropriate to revoke or suspend their appointments;

(c) to review the fees payable to commissioners for oaths and notaries public and, if

the Board thinks fit, make recommendations to the Senate for amendments to

such fees;

(d) to make recommendations to the appropriate authority for the enactment of new

legislation or the amendment of existing legislation in relation to all matters

concerning commissioners for oaths and notaries public; and

(e) to carry out such other duties as may be assigned by the Senate.

By virtue of rule 4(1) of the Commissioners for Oaths Rules, a commissioner for oaths

shall be appointed for a period of one year.

Acts and Rules affecting commissioners for oaths, which he should familiarise himself

with –

(a) the Supreme Court of Judicature Act (Cap 322);

(b) the Singapore Academy of Law Rules;

(c) the Commissioners for Oaths Rules and Commissioners for Oaths (Amendment)

Rules;

(d) the Oaths and Declarations Act (Cap 211).


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1.2 Categories of persons eligible for appointment

Pursuant to section 68(3) of the Supreme Court of Judicature Act (Cap 322), the Senate of

the Singapore Academy of Law has enacted Rules known as The Commissioners for Oaths

Rules.

Under rule 3 of the Commissioners for Oaths Rules, the following categories are eligible

for appointment –

(a) An advocate and solicitor who has for an aggregate period of not less than 7 years

been in active practice or been a legal officer;

(b) Officers in the employment of Government ministries, departments, statutory

boards and Government-linked companies;

(c) Court interpreters; and

(d) Employees of designated non-profit organisations.

The Board has however developed internal guidelines for the appointment of

commissioners i.e. those persons with not less than 10 years’ experience in active legal practice

and/or legal service and not less than 35 years of age.


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1.3 Revocation of Appointment

Rule 13 of the Commissioners for Oaths Rules –

The appointment of a commissioner for oaths shall be deemed to be revoked –

(a) when he is adjudged a bankrupt;

(b) when he is convicted of an offence for which he is sentenced to a term of

imprisonment (except where the imprisonment is imposed in default of payment

of a fine);

(c) in the case of an officer in the employment of Government ministries,

departments, statutory boards and Government-1inked companies or a court

interpreter, when he is dismissed from service or reduced in rank or his

employment is terminated;

(d) in the case of an advocate and solicitor, when he is suspended or struck off the

roll of the Supreme Court of Singapore; or

(e) in the case of an employee of a non-profit organisation designated under

rule 3(4), when -

(i) his employment is terminated; or

(ii) the Senate withdraws the designation of the non-profit organisation under

rule 3(5).

Any commissioner for oaths whose appointment is automatically revoked in accordance

with (a) to (e) shall return to the Secretary his certificate of appointment and commissioner’s

stamp.


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2. FUNCTIONS AND POWERS

Section 68(2) of the Supreme Court of Judicature Act (Cap 322) –

The Senate of The Singapore Academy of Law may appoint fit and proper persons to be

commissioners for oaths (subject to any limitations expressed in their appointment) who may do

all or any of the following things –

(a) receive acknowledgements of married women in all cases where such

acknowledgements are required by law to be taken before a public officer;

(b) receive acknowledgements of recognisance of bail and bail bonds;

(c) administer oaths for –

(i) the justification for bail;

(ii) taking any affidavit or affirmation;

(iii) receiving and taking the answer, plea, demurrer, disclaimer, al1egation or

examination of any party or parties to any action;

(iv) the examination of any witnesses upon any interrogatories or de bene esse

or in chief or on any other occasions;

(v) swearing executors and administrators; and

(vi) swearing persons in any cause or matter which is pending or about to be

instituted in any court in any of its jurisdiction;

(d) take and receive statutory declarations.

Advocates and Solicitors

Under rule 7 of the Commissioners for Oaths Rules commissioners for oaths who are

advocates and solicitors are only competent to do the following under the of the Supreme Court

of Judicature Act (Cap 322) –

(a) Section 68(2)(c)(ii) - taking any affidavit or affirmation;

(b) Section 68(2)(c)(v) - swearing executors and administrators; and

(c) Section 68(2)(d) - taking and receiving statutory declarations.


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2.1 Language

Rule 8(1) of the Commissioners for Oaths Rules provides that no advocate and solicitor

who is appointed as a commissioner for oaths shall cause an Affidavit or Statutory Declaration

to be taken by, or an oath to be administered to, any person except deponents who speak and

understand the English Language.

This is subject to rule 8(2) of the Commissioners for Oaths Rules which provides that an

advocate & solicitor who is appointed as a commissioner for oaths and who is proficient in a

language or dialect other than English may, in his discretion, cause an affidavit or statutory

declaration to be taken by, or an oath to be administered to a deponent in such language or

dialect in which the advocate and solicitor is proficient and if the deponent speaks and

understands that language or dialect.

The other two categories of commissioners for oaths are entitled, consistent within the

confines of their authority, to proceed in terms of section 68(2) of the Supreme Court of

Judicature Act (Cap 322) to administer and take oaths and statutory declarations in any other

language, but it is advisable for court interpreters and any other commissioner taking any

Affidavits signed by a deponent for Court proceedings to ensure that the attestation should be in

one of the forms set out under Form 78 of the Rules of Court. All commissioners for oaths in

respect to an Affidavit to be sworn or affirmed by an illiterate or blind person should ensure that

the attestation should be in the form provided in the specified forms of attestation set out in

Form 78 of the Rules of Court.


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2.2 Lawyer acting as Commissioner

Rule 9 of the Commissioners for Oaths Rules -

No advocate and solicitor who is a commissioner for oaths shall act as a commissioner

for oaths in any matter or business in which he or any member of his firm is acting as an

advocate and solicitor. This repeats Order 41 rule 8 of the Rules of Court which provides –

"No affidavit shall be sufficient if sworn before a commissioner for oaths who is a

solicitor of the party on whose behalf the affidavit is to be used or before any

member of the firm of that solicitor."

Rule 9 applies to both affidavits and statutory declarations in a matter or business where

the solicitor or any member of his firm is acting as advocate and solicitor.


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2.3 Register of Documents

Rule 12 of the Commissioners for Oaths Rules –

Every commissioner for oaths shall -

(a) keep a register of documents administered in exercise of his appointment;

(b) furnish such information as the Secretary may require; and

(c) make the register available for inspection by the Secretary of the Senate upon

request.

REGISTER OF DOCUMENTS

COMMISSIONER FOR OATHS

(SPECIMEN ONLY)

S/No. Date Name of

Deponent

Type of Document

Executed

Commissioner for

Oath’s Fee

Disbursements,

if any

Remarks, if

any

NAME OF COMMISSIONER FOR OATHS : SIGNATURE :


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2.4 Fees

Commissioners may give free commissioning services through a facility established with

a view to providing free commissioning services. This is provided for in the Publicity Rules for

Commissioners for Oaths. However, they may not publicise their legal services nor act as

advocates & solicitors for any person to whom they have given free commissioning services.

The fees of commissioners carrying out their functions as commissioners are regulated

by the Commissioners for Oaths Rules. Fees for other work such as translation, interpretation

and travelling time are not prescribed. It is however suggested that commissioners should

charge a reasonable rate for such other work.

Fees payable to a commissioner for oaths –

(See Part II of the Schedule to the Commissioners for Oaths Rules).


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2.5 Oaths and Declarations Act (Cap 211)

By virtue of section 11 of this Act, the form of declaration to be given by the declarant

before a commissioner for oaths shall be -

" ................ I [here insert name, address and occupation of person making the

declaration], do solemnly and sincerely declare [here insert matter declared to.

Where the matter is long, add the words “as follows” and then set out the

matter in numbered paragraphs].

................. And I make this solemn declaration by virtue of the provisions of the

Oaths and Declarations Act (Cap 211), and subject to the penalties provided by that

Act for the making of false statements in statutory declarations, conscientiously

believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at _______ this _______ day of ______

Before me,

[signature of person before whom the declaration is made]

[here insert title of person before whom the declaration is made]

It is not advisable for a Singapore appointed commissioner for oaths to witness the

execution of a document required to be made use of in Malaysia. Once you realise the document

is to be made use of in a foreign country, you should tell the declarant that he should have the

document executed in the presence of a Notary Public.


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It is also well to bear in mind that a deponent furnishing a false statement in a statutory

declaration renders himself liable under section 14 of the Oaths & Declarations Act to

imprisonment for a term which may extend up to seven years and shall also be liable to a fine if

such statutory declaration were to be used in judicial proceedings, and in any other case for a

term of imprisonment up to three years and shall also be liable to a fine.

In general, all that a commissioner for oaths is required to do when taking an affidavit is

to satisfy himself -

(a) that he can communicate with the deponent in the language or dialect that the

deponent can understand;

(b) as to the identity of the deponent by requesting to see his identity card, passport,

driver’s license or other means of identification;

(c) that the deponent is competent to depose to the affidavit;

(d) where applicable, enquiring of the deponent if the contents of the document have

been interpreted for him;

(e) enquiring of the deponent if he understands what he is about to swear to;

(f) that the deponent knows that he is about to be sworn to the truth of the

statements in his affidavit; and

(g) that the exhibits (if any) are the documents referred to in the affidavit.

If the answers to the commissioner’s questions on the above points are satisfactory, he

can proceed to administer the oath and call upon the deponent to sign the affidavit. The

responsibility for the contents of the affidavit rests with the deponent and the solicitor who

prepares it. A commissioner is not expected to acquaint himself with the contents of the affidavit,

much less to double-check its correctness. Similarly, marking an exhibit does not mean that the

commissioner has approved its correctness. The responsibility is that of the deponent and his

solicitor. Of course, a commissioner who already has personal knowledge that the contents of an

affidavit are false should not proceed to administer the oath.

The oath must be taken whilst the deponent is present before the commissioner. This

applies equally with regard to statutory declarations and other documents usually taken by a

commissioner. An oath cannot be administered in absentia. Thus, for example, telephone calls

from people who say that an affidavit duly signed by its deponent is being sent over to the

commissioner are not acceptable.


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It is not common for minors to sign affidavits. As the oath or affirmation can be taken for minors

who testify in court, it should also be possible for minors to sign affidavits. However, extra care should be

taken to ensure that the minor fully understands what he is doing.


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2.6 Formality for the taking of Oaths

In making an oath or affirmation, the commissioner for oaths should get the deponent

raise his right hand and repeat after the commissioners the following words as found in the

Rules of Court:

Form 217 of Rules of Court – Form of Oath

“I swear by Almighty God that the contents of this affidavit are the truth, the whole truth and

nothing but the truth. So help me God.”

OR

Form 218 of Rules of Court – Form of Affirmation

“I solemnly and sincerely declare and affirm that the contents of this affidavit are the truth, the

whole truth and nothing but the truth.”

For non-English speaking deponents, the commissioner would assist the deponents by

translating the above words into the language of the deponents.

This formality is not applicable for deponents who are making statutory declarations.


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2.7 Commissioning via Video-Conferencing

A commissioner for oaths may administer oaths (for inter alia taking any affidavits or

affirmation) or take and receive statutory declarations via video-conferencing link. The

commissioner for oaths should follow the guidelines for such acts as if the deponent were

appearing in person. The commissioner for oaths should be able to confirm that the person who

signs the document is the person he claims to be and that the document he signs is the same

document that the commissioner himself later signs. Without prejudice to the generality of the

foregoing, the commissioner for oaths should -

(a) be able to personally verify by visual inspection of a suitable identity document

that the person whose image appears before him, is in fact the named deponent;

(b) maintain visual contact with the deponent throughout the commissioning, in

particular, of the deponent executing the document; and

(c) have the means to, where necessary, read, interpret and explain the document (eg

by use of a visualiser); and

(d) be able to confirm that the document which the commissioner later signs is the

same sworn or affirmed by the deponent. For instance, that the document

executed is under the safe custody of the office of the commissioner.


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3. PUBLICITY RULES

PUBLICITY RULES FOR COMMISSIONERS FOR OATHS AND NOTARIES

PUBLIC

1. Application

1.1 These Rules shall apply to every commissioner for oaths and every notary

public.

2. Publicity to be in accordance with these Rules

2.1 A commissioner for oaths or notary public may, subject to these Rules,

publicise his practice as a commissioner for oaths or notary public, as the case

may be.

3. General responsibilities

3.1 It shall be the responsibility of every commissioner for oaths and every notary

public to ensure that any publicity relating to his practice complies with these

Rules, whether such publicity is conducted by him or by any other person on

his behalf.

3.2 Where a commissioner for oaths or notary public becomes aware of any

impropriety in any publicity relating to his practice, it shall be his

responsibility to use his best endeavours to -

(a) procure the rectification or withdrawal of the publicity; and

(b) prevent its recurrence.

3.3 Where it appears to the Board that the publicity relating to the practice of any

commissioner for oaths or notary public is contrary to any of the provisions of

these Rules, the Board may, after making due inquiry into the matter, order

the commissioner for oaths or notary public to -


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(a) alter, withdraw, remove or discontinue the publicity; or

(b) cause the same to be altered, withdrawn, removed or discontinued.

3.4 The responsibility of a commissioner for oaths or notary public under these

Rules shall not be capable of being delegated to any other person, whether or

not that other person is also a commissioner for oaths or notary public.

4. Responsibilities for publicity

4.1 In publicising his practice, a commissioner for oaths or notary public shall

ensure that the publicity does not make any comparison or criticism in

relation to the fees charged, or the quality of the practice provided, by any

other commissioner for oaths or notary public.

4.2 Nothing in these Rules shall be interpreted as permitting the doing of

anything by a commissioner for oaths or notary public, which may

reasonably be regarded as touting.

5. Misleading, deceptive, inaccurate or false publicity

5.1 No commissioner for oaths or notary public shall publicise his practice which

-

(a) is likely to diminish public confidence in commissioners for oaths or

notaries public or to otherwise bring commissioners for oaths or

notaries public into disrepute;

(b) may reasonably be regarded as being misleading, deceptive,

inaccurate, false or unbefitting the dignity of commissioners for oaths

or notaries public; or

(c) the Board may determine to be an undesirable manner of publicising

the practice of a commissioner for oaths or notary public.

5.2 For the purpose of these Rules, publicity shall be considered to be misleading,

deceptive, inaccurate or false if -


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(a) it contains a material misrepresentation;

(b) it omits to state a material fact;

(c) it contains any information which cannot be verified; or

(d) it is likely to create an unjustified expectation about the results that

can be achieved by the commissioner for oaths or notary public.

6 Giving of free services

6.1 A commissioner for oaths or notary public may give free commissioning or

notarial services, as the case may be, to any person at or through any facility

established with a view to providing free commissioning or notarial

assistance or both to members of the public.

6.2 In the course of, or in connection with, the giving of such free commissioning

or notarial services, a commissioner for oaths or notary public shall not cause

or permit any information pertaining to himself to be publicised except -

(a) his name; and

(b) the fact that he is a commissioner for oaths or notary public.

6.3 For the avoidance of doubt, a commissioner for oaths or notary public shall

not in the course of or in connection with the giving of the free

commissioning or notarial services referred to in paragraph 6.1 -

(a) disclose the name of his law firm or the name of the law corporation

of which he is a director or an employee;

(b) distribute any of his business cards or any brochure, leaflet or

pamphlet relating to his practice; or

(c) act as advocate & solicitor for any person to whom he has given such

free commissioning or notarial services.


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4 CHECKLIST OF RECOMMENDED STEPS

(a) Ensure that the deponent is present before you when you administer an oath to

him or when you take and receive any document from him.

(b) Enquire in the language or dialect of the deponent whether he understands what

he is about to swear to, and whether he knows that he is about to be sworn by

you as a commissioner for oaths to the truth of the statements in his document

(including attached exhibits, if any).

(c) Satisfy yourself that the deponent is apparently competent to depose to the

affidavit.

(d) Ensure that the formalities for making an oath or affirmation have been carried

out.

(e) Ensure that the document before you falls within the categories of documents

you are empowered to deal with as a commissioner for oaths.

(f) Check whether you will have to give an attestation in one of the forms provided

in Form 78 of the Rules of Court. In this respect, check the provisions of Order 41

of the Rules of Court.

(g) Ensure that the document is stamped with your valid expiry date stamp.

(h) Keep a Register of all documents administered - see rule 12 of the Commissioners

for Oaths Rules.

(i) Comply with the Commissioners for Oaths Rules. If you do not have a copy of

the Rules, you can try contacting Singapore National Printers Corporation Ltd to

find out where you can obtain them.

(j) Charge a fee consistent with the scale of fees laid down in Part II of the Schedule

to the Commissioners for Oaths Rules.


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5 CHECKLIST OF RECOMMENDED DON’TS

(a) Do not administer oaths or take documents in the absence of the deponent.

(b) Do not try to master the substantive contents of the document or to give the

deponent instructive criticism about the contents of the document - it is not part

of your responsibility as a commissioner for oaths.

(c) Do not act outside the scope of your powers as defined by section 68(2) of the

SCJA and the existing Commissioner for Oaths Rules. For example, do not

attempt to witness a will in your capacity as commissioner for oaths. Note also

that you should not certify true copies of documents in your capacity as

commissioner for oaths - you can certify true copies in some other official capacity

if this is permissible (for example, in your capacity as advocate and solicitor).

(d) An advocate and solicitor who is a commissioner for oaths shall not act in such

capacity in any matter or business in which he or any member of his firm is acting

as an advocate and solicitor - see rule 9 of the Commissioner for Oaths Rules.

(e) If it comes to your notice that the affidavit or declaration before you is incomplete

(for example, because it contains blanks), do not deal with it until the blanks are

filled in.

(f) It is not part of your responsibility as a commissioner to double-check the

correctness of the contents of the document before you. However, if you already

know that the document is false, do not proceed to administer the oath.

(g) Do not deal with the document when the deponent is not rational or capable of

affirming or swearing to the truth of its contents - for example, because he is

drunk or of unsound mind. Whilst it is not always easy for a commissioner to

decide whether a deponent is mentally rational and capable of understanding

what he is about to affirm or swear to, a commissioner is entitled to take into

account the deponent’s behaviour before him. If you know that the deponent

was a patient in a mental hospital, you should get a medical opinion as to

whether he is fit and capable of making the affidavit or declaration.


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(h) Do not deal with documents intended for use overseas without first checking

with the deponent to make sure that the foreign country in question accepts

documents executed before a Singapore commissioner for oaths. If the deponent

is unsure, it is prudent to suggest that the document be executed before a notary

public instead.

(i) Do not continue to act as a commissioner for oaths when your appointment has

expired or when it has been revoked or suspended.


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6. QUESTIONS & ANSWERS

6.1 Fees Chargeable by Commissioner for Oaths

6.1.1 Question.

What is the fee chargeable for additional persons taking or re-taking an affidavit or a

declaration in lieu of an affidavit or a declaration or an acknowledgement for each person

making the same?

Answer.

In regard to item 2(1) of Part II of the Schedule to the Commissioner for Oaths Rules,

where there is more than one person executing the document, the fee chargeable will be

$20 per person.

6.1.2 Question.

What is the fee chargeable when a person makes a statutory declaration verifying a proof

of debt in the case of a company’s winding-up. On page 2 of the usual Statutory

Declaration Form for Proof of Debt where the details of the debt are set out, the Declarant

is required to sign a second time and his signature attested to a second time by the

commissioner for oaths. In the circumstances, should the fee payable be $20 or $25

(treating page 2 of the Statutory Declaration of the Proof of Debt as an exhibit)?

Answer.

The fee chargeable by a commissioner for oaths on taking a statutory declaration as to

proof of debt in the case of a company’s winding up using Form 77 is $20. The governing

rule is found in item 3 of Part II of the Schedule to the Commissioners for Oaths Rules.


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6.1.3 Question.

Can commissioners for oaths charge more for administering oaths outside their offices?

Answer.

The rule governing the fees for commissioners for oaths acting in that capacity is found in

Part II of the Schedule to the Commissioners for Oaths Rules. The fee prescribed is $20 for

the administration of the oath. Obviously, the rate contemplates the oath being

administered in the Commissioner's office. The Board has no jurisdiction to concern itself

with the fees that may be charged by Commissioners for time spent travelling to and

from locations at which they are required to present themselves in order to administer

oaths outside their offices. In so doing, he is not acting in his capacity as Commissioner

for Oath and would be entitled to agree on a fee for travelling time spent, or alternatively

to charge for travelling time spent, at the rate appropriate to a person of his standing.

6.1.4 Question.

In the event of a lengthy affidavit or statutory declaration, where the Commissioner for

Oaths is required to interpret or read the affidavit to the deponent, can the Commissioner

for Oaths charge more than $20 as prescribed in item 1(1), Part II of the Schedule to the

Commissioners for Oaths Rules?

Answer.

The fee prescribed ($20) is for merely taking an affidavit or affirming one. The

commissioner should be allowed to charge a rate appropriate to a person of his standing

for interpreting or reading the contents to the deponent. Since the deponent may be

unaware that there is such a charge, commissioners should let the deponent know the

estimated charges before they proceed with the commissioning and interpreting or

reading.


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6.2 Functions of a Commissioner for Oaths

6.2.1 Question.

Can an advocate and solicitor appointed as a commissioner for oaths witness, in his

capacity as commissioner for oath, the execution of a Statutory Declarations by his own

client?

Answer.

Rule 9 of the Commissioners for Oaths Rules which states “No advocate and solicitor so

appointed shall act as a commissioner for oaths in any matter or business in which he or

any member of his firm is acting as advocate and solicitor” extends to the execution of

statutory declarations by a solicitor’s own clients.