Barristers dismiss calls for solicitors to gain senior counsel status in Hong Kong

The professional body representing Hong Kong's barristers has dismissed calls by solicitors for the latter to attain senior counsel status, deeming the demand "premature and largely academic". The Law Society, which governs Hong Kong's solicitors, is lobbying for greater recognition for its members amid scrutiny of recent legislative updates.

However, the Bar Association, representing barristers, questioned the necessity of such changes, citing limited exercise of higher rights of audience by solicitor advocates in recent years. The association pointed out that only a small number of judgments over the past two years involved solicitor advocates exercising higher rights in open court.

They argued that the current arrangements between solicitors and barristers work effectively and align with solicitors' preferences. The limited use of higher rights was attributed to the city's fragmented legal services market and the reluctance of firms to work against each other. The Bar Association emphasized that barristers only take on instructions via referral, eliminating competition for the same clients.

Consequently, the debate on solicitor advocates' eligibility for senior counsel status remains premature. Hong Kong's legal system follows the English common law model, with separate regulations for solicitors and barristers. Each branch governs itself. Solicitors have limited rights of audience, focusing on litigation, documents, property, wills, and advice.

Barristers, with unlimited rights, specialize in litigation and oral submissions. Senior counsel, an elevated status, is granted to a small minority in recognition of their professional standing. Only barristers can be appointed as senior counsel in Hong Kong, while solicitors can become senior advocates with similar rights in higher courts since 2012.

The Law Society has been advocating for amendments to the Legal Practitioners Ordinance to allow solicitor advocates with the required experience to apply for senior counsel status.