The legal profession
in Hong Kong is divided into two distinct branches - barristers (often
referred to as "counsel") and solicitors.
Solicitors have limited rights of audience before the courts (e.g. they are not allowed to represent their clients to cross-examine witnesses in the High Court or to give oral submissions in the Court of Final Appeal). For litigation,
solicitors can either (i) represent clients in court hearings or (ii)
take instructions from clients
and
then
instruct
barristers
to represent clients
in court (this is an essential procedure if the cases are heard at
the High Court or the Court of Final Appeal). Other than litigation,
solicitors can also
handle
documentation
files
such
as the
drafting of
contracts,
preparing the property sale & purchase agreements or wills, etc. They
can also act as legal advisors for their clients.
Barristers have unlimited rights of
audience in all courts (including the High Court and the Court of Final
Appeal). They specialize in litigation and giving oral submission in
court hearings on behalf of their clients. Similar to solicitors,
barristers can also draft legal documents or give legal advice to
their clients.
Lawyers practising as barristers are
not, at the same time, allowed to practise as solicitors (and vice
versa).
Although the majority of solicitors
and barristers are engaged in private practice, some of them work in
the legal departments of some Government bodies or commercial corporations,
or engaged in teaching and research at one of the Hong Kong's tertiary
institutions.
The Bar Council of the Hong Kong Bar Association,
which is elected annually, is the governing body for barristers. The Law Society of Hong Kong is the
governing body for solicitors and its elected council has wide responsibilities
for maintaining the professional and ethical standards of this profession.
Some solicitors are also admitted to practise as notaries public in Hong Kong. The Hong Kong Society of Notaries is
the governing body for notaries public, and the Chief Justice is the
appointing authority for Hong Kong notaries. |