CFA evaded the question of whether it has the power to do s Chapter 8 Legal

Cfa evaded the question of whether it has the power

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CFA evaded the question of whether it has the power to do s
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Chapter 8 - Legal Services 2. Legal Profession a) Independence of the legal profession - Unquestioned feature og hk ‘s legal landscape since the inception of CL system in 1843 - Principle of independence is epitomized in the separation of legal profession from the State’s administrative apparatus and its freedom to regulate its own affairs by its own rules of professional conduct Law Society, Bar Association( professional regulating bodies of solicitors and barristers) -> fully independent of HKSAR government Importance : - A profession free from State control is a pre-requisite for the public to obtain objective legal advice and fearless legal representation - Protects lawyers from pressure to selfcensor their advocacy on behalf of claims which the State find disagreeable - Subservient legal profession would undermine any effectual resort to residents’ constitutional right to institute legal proceedings in courts against the acts of executive authorities and their personnel - Ensures that constitutional right of access to legal services can be exercised free of arbitrary State interference and reinforces Judicial Independence - Li CJ Indispensable for judicial independence and legal reform 1) Submission before CFA from counsel well-prepared, well considered and well researched -> solicitors play a vital role 2) Chief Justice has to consult and work with the Chairperson of the Bar and the President of the Law Society (including many matters relating to the operation of the Judiciary) b) Barristers and solicitors - Reform for solicitor to have more chances appear in court - But one can’t be solicitor and barrister at the same time Barristers Solicitors Nature of work - Specialize in advocacy - Draft pleadings (eg write a defence) - Oral & written advice (opinion) - Still can do documental work if instructed to do so Audience /advocacy - Full rights of audience in all courts - Act as advocates at all levels of court and deliver legal opinions on Nature of work - spend less time in advocacy, but more in advising clients, instructing barristers, writing letters and preparing legal documents - drafting contract, wills, dealing with finance etc - Not bound by cab-rank rule -> free to pick and choose clients Audience/ advocacy - limited right of audience in MC, DC and in “chambers hearings” in CFI and CA (except solicitor advocates) Immunity?
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complex areas of law - Wear gowns, wigs and bands in superior courts and the DC Immunity? - Paid on “honorariam” (so difficult to sue solicitor if they dun pay - May not meet his lay client absent the instructing solicitor or his representative Detachment from his client to reinforce the objectivity of his professional opinion (no need to please the client) - Barristers cannot be sued for their fees( unfavorable decision if the barrister is at disadvantage), cannot be sued for breach of contract - Immunity from professional negligence - Cab-rank rule( taxi driver rule) Bar Code 6.1 : Must accept any brief
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