CHAPTER 9 - Legal Profession.doc

CHAPTER 9 - Legal Profession.doc - CHAPTER 9 Legal...

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CHAPTER 9 Legal Profession - Admission as a Hong Kong Lawyer - Categories of legal work i) Advice and assistance out of court (non-contentious) Eg. Drafting a will or contract; negotiation; mediation ii) Representation in court (contentious) Eg. advocacy 辯護 ; litigation 訴訟 - Rights of audience Right to appear on behalf of a litigant in legal proceedings in courts and tribunals 1) Litigant in person (representing himself in legal proceedings) 2) Retain a lawyer to represent him ***cannot find a friend who is not a lawyer to represent him Solicitor Advocates Final report of the working party on Solicitors’ Rights of Audience (June 2004) Extension of solicitors’ right of audience by the Legal Practitioners (amendment) Ordinance: It is mainly for solicitors with five years’ post-qualification experience and sufficient litigation experience preferably actually advocacy. Can apply for civil / criminal/ civil and criminal proceedings. If the application is approved, the Higher Rights Assessment Board will notify the Law Society, Law Society will then issue the Higher Rights of Audience Certificate Others with limited rights of audience: Trainee solicitors; graduates of law courses in HK Two branches of the legal profession Barristers - Specialist in advocacy and legal advice - Appear in courts on behalf of clients - Prepare certain documents (write, defence, reply) relating to litigation - Advise on the law in conference with solicitor and client and through written opinions Solicitors - Tend to do more paper work: property transfers; lease agreement; divorce arrangements; contracts; listing of shares - Advise on the law, represent clients in lower level of courts - Assist in litigation in higher court *A barrister may only be retained through a solicitor; a client cannot retain the barrister directly. - Fusion of the legal profession It means a unified legal profession. No more difference between lawyers. If implemented, solicitors would have the same rights of audience in the higher courts as are currently enjoyed by the barristers. Arguments for - Reduce cost (only one lawyer need to be instructed) Solicitor Barrister Tribunal (except small claims and the labour tribunal) Magistrate Court District Court Court of First Instance Court of Appeal Court of Final Appeal
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