Law shake-up yet to lower fees, three years on
Allowing solicitors to address higher courts was meant to widen the market, but so far only 40 have qualified, with 82pc failing the assessment
In Hong Kong barristers, who specialise in arguing their case before judge and jury, can speak on behalf of clients at all levels of court. But solicitors, doing mostly documentation work, are not allowed to advocate anywhere above the District Court.
The Legal Practitioners (Amendment) Ordinance, passed in 2010 and meant to tap into eloquent solicitors with adequate advocacy skills by giving them higher rights of audience, allows them full access to all courts if they qualify as solicitor advocates.
It was a bid to diversify the pool of advocates at all courts, and bring down legal costs by providing the public with more choice.
But the Post has found that since the Higher Rights Assessment Board granted the honour to the first batch of solicitor advocates in 2013, there have only been 40 of them in Hong Kong, calling into doubt whether the scheme would have the desired effects in the long run.
Law Society president Thomas So Shiu-tsung stressed that the qualified 40 had to be viewed in the context of not all solicitors, but of the about 1,000 solicitors involved in litigation and with more than five years’ experience.