senior litigation practitioners to exercise higher rights of audience

Senior litigation practitioners to exercise higher

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senior litigation practitioners to exercise higher rights of audience. Regulation of conduct and discipline by the Law Society: Code of Advocacy for Solicitor Advocates As at 2 Nov 2019, there were 71 Solicitor Advocates in HK. What would be the likely impact on the bar? A Separate Profession Separation a historical accident? Short period of fusion between 1858 and 1862 in Hong Kong In 1993 the Law Society put forth a proposal to merge the two branches: Reduction of fees Greater pool of advocates Improved continuity in handling cases The Bar’s opposition, articulated in 1994: Loss of independence of the bar Loss of the cab-rank rule Loss of informed choice of advocates Future? 25 26
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14 Regulating the Legal Profession Professional association for solicitors in HK incorporated in 1907 Promotes good standards of practice and maintains ethical practice Powers to: certify the admission of solicitors issue annual practising certificates investigate professional misconduct allegations and refer appropriate cases to the Solicitors’ Disciplinary Tribunal intervene in solicitors’ practice in case of dishonesty, bankruptcy or death Provides for the training and continuing professional development of solicitors. 27 28
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15 An unincorporated professional body set up in 1949. Prescribes rules governing professional conduct, discipline and etiquette. The Bar Council, headed by the Chairman of the Bar Association, is the executive committee of the Association. Traditionally the Bar Association appears to be more outspoken on constitutional and public affairs. Why? Professional Ethics in Lawyering Definition of ‘Professional Virtues’ (Hazard & Dondi, 2004): Competence Loyalty Confidentiality Honour Independence Responsibility 29 30
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16 Professional Ethics and Discipline Hong Kong Solicitors’ Guide to Professional Conduct (HKSGPC): ‘A solicitor shall not, in the course of practising as a solicitor, do or permit to be done on his behalf anything which compromises or impairs or is likely to compromise or impair— (a) his independence or integrity ; (b) the freedom of any person to instruct a solicitor of his choice ; (c) his duty to act in the best interests of his client ; (d) his own reputation or the reputation of the profession; (e) a proper standard of work; or (f) his duty to the court .’ (Principle 1.01) Professional Ethics and Discipline Hong Kong Solicitors’ Guide to Professional Conduct (HKSGPC): “A solicitor must be both honest and candid when advising a client and give objective advice.” (Principle 5.18) “A solicitor who has accepted instructions on behalf of a client is bound to carry out those instructions with diligence and must exercise reasonable care and skill .” (Principle 5.12) 31 32
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17 Professional Ethics and Discipline Hong Kong Solicitors’ Guide to Professional Conduct (HKSGPC): Solicitor’s duty to court A solicitor must never knowingly attempt to deceive or participate in the deception of a court . (Principle 10.03)
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