barristers to advise represent or defend those who are decent and reasonable

Barristers to advise represent or defend those who

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barristers to advise, represent or defend those who are decent and reasonable and likely to succeed in their action or their defence than those who are unpleasant, unreasonable, disreputable, and have an apparently hopeless case. Yet it would be tragic if our legal system came to provide no reputable defenders, representatives or advisers for the latter. And that would be the inevitable result of allowing barristers to pick and choose their clients." Barristers Senior Counsel, or ‘silk’ No less than 10 years’ experience as an advocate Junior Counsel Abolition of the two-counsel rule Overseas lawyers qualifying as a barrister in HK Barristers Qualification Examination 17 18
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10 Barristers Admission of overseas counsel on a case by case basis S.27(4) Legal Practitioners Ordinance (Cap.159) What are the factors to be considered? Public Interest - The court has to strike a balance between the expertise gained from overseas counsel versus the detrimental impact on the local bar , especially the junior bar, which comprises no less than 90% of all HK barristers. Legal Education and Training LLB / JD Postgraduate Certificate in Laws (PCLL) Two-year traineeship / one-year pupillage Continuing Professional Development Hong Kong Academy of Law 19 20
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11 Prospective Barristers All prospective barristers must serve a one-year pupillage attached to practicing barristers known as ‘pupil masters’. After the first 6 months of his pupillage, one may apply to the High Court for admission as a barrister-at-law. On completion of pupillage one may apply to the Bar Council for a certificate of unrestricted rights of audience. Prospective Solicitors Prospective solicitors must serve a 2-year traineeship attached to practising solicitors called ‘principals’. Trainees are paid a monthly salary , and by the end of traineeship may apply to the Court of First Instance for admission. Then they may apply to the Law Society for a practicing certificate , which must be renewed annually. 21 22
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12 Registered Foreign Lawyers A person who offers his services to the public as a practitioner of foreign law, other than a barrister or solicitor. Required to register with the Law Society Prohibited from practising HK law (Foreign Lawyers Registration Rules (Cap.159)). Can be employed as foreign legal consultant by a HK solicitor. Solicitor Advocates Extension of rights of audience of solicitors Legal Practitioners (Amendment) Ordinance 2010 Higher rights of audience in civil proceedings, criminal proceedings, or both Higher Rights Assessment Board Eligibility: Minimum 5 years of post-qualification experience in common law jurisdiction, of which at least 2 years must have been in HK Sufficient litigation experience 3 years prior to the application, with greater weight given to advocacy 23 24
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13 Solicitor Advocates Routes to qualification: Either pass an advocacy course; or Satisfy the Assessment Board that the applicants are suitably experienced and qualified
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