The legal profession in Hong Kong is divided into two branches: solicitors and barristers (sometimes referred to as “counsel”). To start a career as a solicitor or barrister, a Postgraduate Certificate in Laws (PCLL) is required. A Bachelor of Laws degree (LLB) is the usual entry requirement for PCLL. However, non-law degree holders may take the Common Professional Examination (CPE) Certificate in Laws as an equivalent.

After obtaining the professional qualification, both solicitors and barristers may practise in private law firms. They may also join the government at the Legal Department, Legal Aid Department or the Registrar-General’s Department.

 

Positions / Job Titles Offered         

• Trainee solicitor
• Pupil (for becoming a barrister)
• After obtaining the professional qualification, both solicitors and barrister may join the government at the Legal Department, Legal Aid Department or the Registrar-General’s Department. Or, they may practice in private law firms.

 

Solicitor

A solicitor provides clients with legal advice and assistance, either verbally or in writing, and is entitled to appear as an advocate in the lower courts (but not before the High Court or Court of Final Appeal – in such cases solicitors can take instructions from clients and instruct barristers to represent the clients). The work of a solicitor covers almost every aspect of law – ranging from forming of companies, registration of trademarks, sale and purchase of goods, execution of agreements, transfer, merger and winding-up of business to drafting wills, administration of estates, supervision of trusts and settlements, and handling disputes on employment, marriage and family affairs. In litigation cases, a solicitor also deals with the preparation of evidence, interviewing witnesses and drafting pleadings.

After obtaining the PCLL, solicitors are required to satisfactorily complete a period of two years’ employment as a trainee solicitor in order to be eligible to practise in Hong Kong. The Law Society of Hong Kong registers and regulates the practice of all solicitors practising in Hong Kong.

Typical Job Nature/ Job Duties

• To provide clients legal advice and assistance
• Entitled to appear as an advocate in the lower courts
• The four major categories of the work of a solicitor are:
  • Conveyancing and administration of estates: to prepare, vet and execute legal documents for transferring the interests in a property from one person to another
  • Litigation: to deal with preparation of evidence, interviewing of witness and drafting of pleadings
  • Advice: to give legal advice, either verbally or in writing
  • General Practice: the work of a solicitor covers almost every aspects of law, such as forming of companies, registration of trademarks, drafting of wills, administration of estates, supervision of trusts and settlements, sale and purchase of goods, execution of agreements, transfer, merger and winding-up of business, as well as handling disputes on employment, marriage and family affairs

General Requirements         

• To start a legal career, one should obtain a Postgraduate Certificate in Laws (PCLL). Usually, a Bachelor of Laws degree (LLB) is an entry requirement for PCLL. However, non-law degree holders may choose an alternate path, the Common Professional Examination (CPE) Certificate in Laws.
• Generally speaking, a solicitor should possess:
  • Confidence
  • Good analytical power, logical thinking and understanding
  • Good characters of hard work and perseverance
  • Very articulate and fluent in speech
  • Good command of Chinese and English, both written and oral
  • Wide general knowledge that comes with study and experience

 

Barrister

Barristers specialise in litigation and have unlimited rights of audience in all courts. They can also provide legal advice, draft legal documents and perform other duties similar to those of solicitors. However, lawyers practising as barristers are not allowed to practise as solicitors (and vice versa).

Typical Job Nature/ Job Duties

• Primarily to represent the client in court and argue his case
• To draft opinions for solicitors on complex points of law or evidence
• Major work of a barrister can be summarized as:
  • Provision of Advice: to give his opinion on the legal position of a case, both civil and criminal.
  • Preparation of a case: to advise his instructing solicitor on all relevant aspects worth litigating, and to prepare the evidence to be submitted during the proceedings. Also, to spend time in planning the type of questions to ask, the strategy to be used in cross-examination, and the emphasis to be placed on important facts and points of law
  • Appearance in court: to present his client’s case, draw out the facts by examination and cross-examination, analyze the evidence presented, assess the weight of conflicting evidence and then make a final submission on the case

General Requirements         

The requirements to become a barrister are as follows:

• LLB and PCLL, OR having qualified as a solicitor and practised for three years, OR being an overseas lawyer, AND
• Having completed a total of 12 months’ pupillage.
• As for a barrister:
  • Confidence, determination and drive
  • Critical and evaluative capabilities
  • Good analytical power, logical thinking and quick understanding
  • Hard working and perseverance
  • Very articulate and fluent in speech
  • Good command of Chinese and English, both written and oral
  • Wide general knowledge that comes with studyand experience

 

Relevant Associations/ Useful Links

Department of Justice, HKSAR	http://www.legislation.gov.hk
The Hong Kong Law Society of Hong Kong	http://www.hklawsoc.org.hk
USYD CLSS Careers Guide 2011	http://www.usydclss.com/cms/wp-content/uploads/2010/04/Careers-Guide-2011-_-3.pdf

                                                     

(Sources from The CUHK Careers Guide 2012)