When do you need a barrister
and what can he do for you?
If you need legal representation in any case,
you can be represented by a barrister in nearly any court. A barrister
is an expert in advocacy and specialized in litigation. You can
also instruct a barrister to give you oral or written advice on
any legal matter, or to draft documents for you which are related
to litigation. Back to Top
What are the duties of a barrister?
Without misleading or deceiving the court, a
barrister has a duty to uphold the interest of his client. A barrister
is an expert in law and should provide you with independent and
objective legal advice. A barrister can never make up a false
case for his client. Back to Top
How to find a barrister?
You must go to a solicitor first who would advise
you to instruct the most appropriate barrister for your case.
You can also ask your solicitor to instruct a particular barrister
in your mind. Generally a barrister must accept your case unless
it falls within certain exceptions. Back to Top
Is there any duplication of
work between solicitors and barristers?
Very little, if any. When a barrister is instructed
to take up a case, then the role of a solicitor is mainly for
taking instructions from clients whereas the barrister is responsible
for advocacy in court, and giving independent, objective and expert
legal advice to clients. Back to Top
How much does a barrister
charge?
Barristers' fees depend on the complexity of
the matter, the time spent, his seniority and experience. The
fees for a barrister's appearance in court for the 1st day is
called a "Brief" which normally includes preparation
work for the trial, and the fees for each subsequent court appearance
day is called a "Refresher". You are entitled to know
the fees charged by a barrister and to have access to the related
documents. No fees can be charged by anyone for introducing a
barrister to you. Back to Top
What are your rights against
a barrister?
A barrister is governed by a detailed professional
Code of Conduct. If you have any legitimate complaint against
a barrister, you can write to the Bar Council of the Hong Kong
Bar Association. All complaints will be investigated impartially.
Any breach of the Bar Code by any barrister may lead to disciplinary
actions. Back to Top
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