The Duty Lawyer Service Council has resolved that in order for duty lawyers who have newly joined the Duty Lawyer Scheme (“the Scheme”) to have a better understanding of the operation of the Scheme, and to better prepare themselves for their first duty roster, all barristers and solicitors joining the Scheme are required to attend an orientation visit as a prerequisite for their first roster duty.
We are arranging orientation visits for pupil barristers in March. All pupils, whether in the first six months of pupillage or in limited practice, who are interested in joining the Scheme in the future or who would like to gain a better understanding of the operation of the Scheme may take part. Intended participants should note the following arrangements:
1. Participants will not receive any remuneration from the Scheme for the orientation visits;
2. You are expected to report to the Officer-in-charge of the assigned Court Liaison Office at 9:00 a.m. promptly on the appointed day;
3. You will be required to accompany the assigned Duty Lawyer and the responsible Court Liaison Officer to witness the taking of instructions from defendants represented by the Scheme;
4. You will be required to accompany the assigned Duty Lawyer to the Plea/Side Court to observe the dealing of the Scheme’s daily list;
5. Upon the completion of the daily list, you are encouraged to discuss with the Officer-in- charge matters relating to the visit;
6. Each of the assigned Court Liaison Officers will accommodate only ONE participant at one time;
7. After you have completed your orientation visit, you will be required to write a short report on the same in the form prescribed by the Director of ALE, to be handed in within one week from the date of your visit in order to claim the accredited ALE point (1 point).
It should also be noted that it has been resolved by the Bar Council in 1995 that if a barrister or pupil participating in such an orientation visit is present when instructions are taken from a client, he or she will be bound by the duty to keep confidential anything which comes to his or her knowledge as a result.
Likewise, as the taking of instructions from a client is an occasion which gives rise to legal professional privilege, no barrister or pupil attending can be compelled as a witness to give evidence of what has been said. Participants will be expressly told by the Court Liaison Officer of his or her obligation of confidentiality and that the occasion of taking instructions is covered by legal professional privilege. Nonetheless, even if the foregoing is not expressly mentioned in a particular visit, participants should still be aware of the same.
If you would like to participate in the programme, please complete the form below and fax it to the Bar Secretariat. The deadline for application is 10am Friday, 19 February 2010. Applicants will be informed in writing of the details of their assigned visits thereafter.
The court and date on which you will attend the orientation visit is assigned by the Duty Lawyer Service Council, subject to their resources, and cannot be amended. |