Solicitors in Hong Kong could appear in court from April this year as rules granting them full advocacy rights enter the final stages of implementation.

The new legislation, which came into force last June, allow solicitors who undertake a formal assessment to be given higher rights of audience (HRA) at the High Court, Court of Appeal and Court of Final Appeal, expanding the scope of work they can undertake.

Until now barristers have dominated court roles, despite Hong Kong-qualified litigators being involved in almost all behind-the-scenes tasks such as preparing pleadings, putting together evidence and sourcing witnesses.

President of the Hong Kong Law Society Dieter Yih, who is also an M&A partner at US law firm Milbank Tweed Hadley & McCloy, said the new rules were a logical forward for the city, mirroring initiatives introduced in the UK in 1997.
"We have been petitioning for this for 10 years, and finally last June the legislation was passed," he told Legal Week.

"We [solicitors] feel that because we've been handling all the case work anyway it makes sense for us to represent the client in court, to advocate on their behalf. It's also expanding the amount of work that solicitors can do."

The rules would also benefit clients, he said, potentially saving large sums in legal fees.

"From a client or consumer point of view, you don't need to go and hire another set of lawyers. "[Solicitors and barristers] are often duplicating work, so logically speaking there must be a cost saving if your solicitor can represent you in court. It could be tens of thousands; it depends on the complexity of the case. It could be even more."

To qualify as a solicitor-advocate in Hong Kong, lawyers will first need to be examined by the Higher Rights Assessment Board, made up of a panel of judges, barristers and senior solicitors.

Those taking the test are to be trained in the city by a team of tutors from the UK-based College of Law, who have been invited to Hong Kong to run the course after submitting a successful tender to the Law Society's education arm, the Academy of Law.

Applications to participate in the training and assessment were received in September last year, with more than 100 individuals applying.

Those with substantial dispute resolution or litigation advocacy experience were permitted to request an exemption from elements of the process.
Yih said it is possible that all assessments will be completed by April.

"April is a possibility. It depends on when the assessment board can issue the results, when the College of Law can come out to do the tutorials, and when the assessment board can then assess these people afterwards. It takes a day or two to assess each person and it is not an easy task, but they will have a few teams of assessors. Is April realistic? Yes."