lunes, 21 de noviembre de 2011

The Legal Profession in China

The legal profession
Information based on the Departmental publication "Legal System in Hong Kong" printed in 2008
The legal profession in Hong Kong is divided into two distinct branches - barristers (also known as "counsel") and solicitors. Solicitors have limited rights of audience before the courts whereas barristers have unlimited rights of audience in all courts and tribunals where legal representation is allowed. Lawyers practising within one branch of the profession are not, at the same time, allowed to practise within the other.
While the majority of members of the legal profession are engaged in private practice, a significant number work in one of the government legal departments (such as the Department of Justice or theLink will open in new windowLegal Aid Department), or are employed as legal advisers to public or private companies, or engaged in teaching and research at one of Hong Kong's tertiary institutions.
There are around 1,000 practising barristers in Hong Kong. They are all members of the Hong Kong Bar Association ("HKBA"). The Bar Council of the HKBA, which is elected annually, is the governing body for barristers.
The conduct and etiquette of members of the Bar are governed by the HKBA's Code of Conduct as amended from time to time. Every barrister, whether in practice or not, must maintain the standards and professional integrity of the Bar. The Bar Council is responsible for investigating and considering complaints against the conduct of barristers. Should the circumstances warrant, the complaints will be referred to the Barristers Disciplinary Tribunal which will determine the matter and, if the complaint is found to be made out, impose the appropriate punishments.
In respect of legal works conducted in Hong Kong, barristers can only accept instructions from a firm of solicitors, or members of professional bodies recognised by the Bar Association. Hence, the point of contact for members of the public in most cases is the solicitor who gathers the evidence of a case and interviews witnesses.
There are over 5,900 solicitors practising in Hong Kong. TheLink will open in new windowLaw Society is the governing body of the profession, which is largely self-regulatory. An elected Council has wide responsibilities for maintaining professional and ethical standards. It is responsible for issuing practising certificates.
The work of the Law Society includes investigating complaints made by members of the public against solicitors (which may result in disciplinary proceedings); researching and commenting on legislative proposals; setting and maintaining high standards of work and ethical practice through practice rules, directions and guidelines; and maintaining frequent contacts with legal professional bodies in other jurisdictions.
The Law Society sets and monitors education and training standards for solicitors and administers a scheme of Continuing Professional Development (CPD) which is mandatory for all trainee solicitors and all solicitors with practising certificates. The scheme includes mandatory risk management education for all levels of the profession.

1 comentario:

  1. Es interesante también ver, como se dividen en dos ramas los abogados, muy similar al sistema ingles.