2(a)

The legal profession consists of solicitors and barristers, lawyer is a generally expression of solicitor and barrister. Solicitors and barristers have different training. The nature of work and the qualification routes between them are also different. Besides, they have different right of audience. Solicitors are regarded as general practitioners in giving legal advice to client on a wide range of issues. e.g. intellectual property, conveyancing, arranging contracts or probate matters, etc. The type of work of solicitors depends on what kind of law firms are. They can either be employed by the Government or by private law firms. If solicitors are work for the Government, they will work in one of the departments in the Department of Justice, i.e. the civil division; the international law division; the law drafting division, etc. If solicitors are work in a private practice, their mainly works are drafting contracts, preparing documents, giving advices for clients. In large firms, many solicitors will work in a department and usually specialized in a particular area of law such as conveyancing, intellectual property or corporate finance, etc. Barristers are regarded as specialists in advocacy and legal advice. They are also called counsel. They have to argue and to fight for the client in courts. They are main practitioners in the Court of First Instance of the High Court. Drafting pleadings, meeting clients and dealing with solicitors and witnesses are also included in their work. Some barristers mainly concentrate on paperwork by researching and writing opinions for complex cases. Clients can approach solicitors directly but they cannot approach barristers directly. Barrister can only receive instructions from solicitors. Clients should go to solicitors first, if necessary, solicitors will send instructions to counsels to advise and represent the client. The barristers responsibility to the client is normally through the solicitors. Clients go to see barristers usually accompanied by solicitors. However, due to recent changes, professionals such as accountants, company secretaries are allowed to go to barristers directly. Rights of audience is a term to describe the rights of an advocate to appear in any particular court. As an advocate, whether solicitor or barrister, owes a duty to his client and the court. That means that they have to do the best to represent the client in the case doing anything to protect the client. Moreover, they could not lie to the court or the client. In addition, as advocate, they are not allowed to ask client whether they are guilty or not guilty. Advocates have a duty to act in the public interest, not only in the interest of clients.

Advocate cannot be sued for negligence, he is immune from suit for anything said or done in court, which is called immunity. Immunity allows an advocate to conduct the case freely in the court if he thinks it is reasonable and suitable. Barristers cannot be sued for negligence as there is no contract between barristers and clients and solicitors, they are independent. However, barristers can be complaint through the Bar Association in respect of misconduct. Barristers Disciplinary Tribunal will have a hearing if barristers break the conducts. They will be punished if they are found guilty of such misconduct. Whilst solicitors can be sued for negligence because there is contract between solicitors and clients. i.e. breach of contract. The Law Society is the governing body to control the conducts of solicitors. People can complain the misconduct of solicitors through the Law Society and the Solicitors Disciplinary Tribunal would deal all the complaint matters. It has powers to inquire into and investigate the complaint matters. However, this tribunal is a separate body apart from the Law Society and it is independent. Both solicitors and barristers have a right of audience in both Magistrates Courts and District Courts. They can appear in District Court whether in open courts or in chambers. Solicitors can go to District Court alone. Solicitors are only allowed to appear in lower courts, i.e., Magistrates courts and District Courts. Barristers are allowed to conduct the cases in the Court of First Instance but solicitors are restricted to be appeared. Normally, solicitors are not allowed to present the case in the Court of First Instance if there are exceptions or emergency. i.e. If a solicitor has represented his client at a hearing before in the High Court in chambers, he can continuously represent his client in the open court for delivery of the case. Solicitors are not allowed to appear in the higher courts, e.g. Court of Appeal and Court of Final Appeal. Only barristers are allowed to appear in the higher courts. The Law Society has raised a proposal that the right of audience of solicitors in higher courts should be increased. However, the Bar Council has indicated that it will oppose such proposal. There are no restrictions on rights of audience in tribunals. In the Small Claims Tribunal or Land Tribunal, there is no legal representation is allowed. A barrister or

solicitor shall have a right of audience before the tribunal only if he is acting on his own behalf as a claimant or a defendant; or appearing before the tribunal on behalf of an offender. Many solicitors are now specialized in one or two of laws and many barristers have general practices and they do not mainly concentrate in advocacy. Due to this fused profession and the right of audience of the solicitors has now increased, a proposal has raised in Hong Kong. The proposal is that the distinction with solicitor and barrister should be abolished.