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YOUNG BARRISTERS'
SURVEY ON EXTENSION OF RIGHTS OF AUDIENCE TO SOLICITORS
1. The Bar's Young Barristers Committee
("YBC") carried out a survey in June 2000 on the views of
barristers of less than 5 years' call ("YB") on the question
of possible extension of higher rights of audience to solicitors.
2. Out of 225 YBs, a total of 65 responded
(or 28%). There were another 18 barristers of more than
5 years'call who also responded to the survey.
3. 77.1% of those responded did not agree
that solicitors should be given extended rights of audience.
4. A total of 62.7% of those responded
regarded access to justice through independent advocates
as the most important or an important consideration for
limiting solicitors'rights of audience. Another 61.4% regarded
higher standards of advocacy as the most important or an
important consideration for maintaining the Bar's exclusive
rights of audience in the higher courts.
5. 78.3% of those responded thought that
if extended rights of audience were granted to solicitors,
it would be desirable or practicable to limit those rights.
24.6% thought that such rights should be limited by a licensing
and examination system.
6. In the event that further rights of
audience were granted to solicitors, a total of 57.8% thought
the most important or an important change of the present
professional structure should be to allow barristers to
have direct access to the public either in litigation work
or in all areas of legal work. Only 7.2% thought that there
should be no change to the present professional structure.
7. 9 of the YBs identified themselves as
PCLL/LLB students. They all indicated that they would not
join the Bar upon graduation if solicitors were given full
rights of audience in the higher courts. There was no positive
response from anyone that despite such extension of rights
of audience, they would still join the Bar.
8. The YBC intends to call an open forum
to further discuss this issue in the near future.
Dated 8th November
2000
Hong Kong Bar Association
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