High Court solicitors 'could halve costs'

大律師公會一定大力反對...... Tuesday, August 15, 2006 High Court solicitors 'could halve costs' ANITA LAM Litigants could save as much as half their legal expenses if solicitors were allowed the right of audience in higher courts currently the preserve of barristers, the Law Society said yesterday. The vast majority of these cases could just as easily be handled by solicitors at a much lower cost, society president Peter Lo Chi-lik said. "Ninety per cent of the writs filed in the high courts are money disputes - credit card debts, unpaid rents or labour claims for compensation," he said yesterday at a press conference to encourage more public comment before the August 31 end of the public consultation period on a proposal to allow solicitors the right of audience in the High Court. "Most of them are simple and straightforward cases which mainly involve calculations." He said litigants - who are perfectly happy for solicitors to appear for them on simple cases in the lower courts - are forced into a whole new bracket when the amount exceeds $600,000 and the case is transferred to the High Court. Litigants are then left with no choice but to hire barristers to represent them. "It is definitely in the public interest they be granted more options, because now they pay double for the same work performed by the two parties when solicitors transfer the cases to barristers," Mr Lo said. "Any work that could have been done for $1 now costs $2." Over the past seven years, the society has been fighting for solicitors to enjoy the same rights as their wig-wearing counterparts, arguing that it saves time, money and aggravation. Chief Justice Andrew Li Kwok-nang established a working party on June 24 to look at the issue, with the society gaining support from various Chambers of Commerce - big patrons of legal practioners. "They believe it would be in the public interest, provided there is a good accreditation system to maintain the standards of advocacy," Mr Lo said. The society has proposed that only solicitors with a minimum of five years' practice, or those with relevant advocacy experience, be considered for the right to present cases in the higher courts. Of the city's 5,600 solicitors, 77 per cent are aged between 25 and 40. About one-third of these have five years' experience or more. The Bar Association, meanwhile, has been a vocal opponent of the proposal. It has argued that litigation costs are not necessarily lower in every case that comes to the higher courts. It has also raised concerns about the quality of the service, the cost of running an accreditation system and the public's confidence in it. One barrister, who did not want to be named, said junior barristers had raised concerns that new rules would put them out of business before they had a chance to establish themselves. He said money disputes were the bread and butter of many junior barristers. The working group consultation will last until the end of the month. Should solicitors be able to represent clients in the High Court? Send your comments to Talkback!.