It was the first time that I spoke, as President of the Law Society, at the Ceremonial Opening of the Legal Year on 11 January 2010. However, it was also the last time that I had the honour of hearing our Chief Justice Andrew Li speak on such an occasion.

It was a very moving first experience for me. I could still recall vividly the moment when the audience expressed their heartfelt appreciation for the leadership of the Chief Justice over the past 12 years by giving him a standing ovation that rang out across the hall like a hymn.

In his speech, the Chief Justice highlighted his expectations of the
legal profession:

“A competent and independent legal profession is of crucial importance to our community and is indeed essential to the functioning of an independent judiciary. ... It is an honourable profession with high ethical standards and with ideals of service. All lawyers should contribute their fair share to service of the profession and public service.”

Cherish our independence

The first principle in the Hong Kong Solicitors’ Guide to Professional Conduct sets out the basic principles governing the practice of solicitors:

A solicitor shall not, in the course of practising as a solicitor, do or permit to be done on his behalf anything which compromises or impairs or is likely to compromise or impair:

(a) his independence or integrity;
(b) the freedom of any person to instruct a solicitor of his choice;
(c) his duty to act in the best interests of his client;
(d) his own reputation or the reputation of the profession;
(e) a proper standard of work; or
(f) his duty to the court.

‘Independence’ of a solicitor is at the top of the list of our core principles. Coincidentally, ‘the independence of the lawyer’ is also at the top of the list of core principles included in the Charter of Core Principles of the European Legal Profession adopted by the Council of Bars and Law Societies of Europe (CCBE). CCBE is the representative organisation of around one million European lawyers through its member bars and law societies from 31 full member countries, and 11 further associate and observer countries.

According to the CCBE’s Commentary on the Charter, to be independent, a lawyer must be free from improper pressure from the government, other powerful interests, his or her own business associates and even his or her own client. A solicitor is confronted by difficult ethical issues in daily practice. His or her ability to resist improper pressure and maintain independence requires strong determination to stand firm in safeguarding the profession’s high ethical standards and core principles from erosion.

Self regulation of the profession, which we enjoy in Hong Kong, is vital in buttressing a solicitor’s independence. Members of the profession will always have the comfort that they will not get lost in the maze of difficult ethical issues threatening their independence because they are supported by the profession’s self regulated standards and core principles.

Advancement of legal practice

As revolutions in technology and communication began breaking down barriers between countries and connecting people all over the world, new industries have emerged and modes of operation for traditional businesses have been transformed. Legal practice is no exception.

The challenges of the future for the legal profession lie in globalisation, technology and cross border work. No doubt, business will become more competitive than ever. There is also a trend of globalisation of law firms. Law firms from different parts of the world are forming alliances. Together they handle cross border work which often involves the law in many jurisdictions. Lawyers are increasingly using various forms of technology more efficiently. Instead of conducting legal research in law libraries, lawyers are relying more and more on computer sources such as the internet and legal databases. New software is designed to assist lawyers in searching for legal literature, decided cases and identifying legal terms and texts. More advanced jurisdictions have adopted electronic filing, serving and executing legal documents. Video conferencing is the preferred mode of conducting businesses over flying long distances to attend meetings.

There is a rising tide of innovative ideas for law firms around the world to ensure that their practice stays above the competitive current. Australia had its first law firm listed on the Australian Stock Exchange in April 2007. With a corporate style board and management, Slate and Gordon has implemented a novel business structure supported by outside financing. Some law firms in the US have abandoned the long time practice of billing by the hour. They adopt a fixed fee approach and offer invoice value adjustment to clients to adjust their fees if
they are not satisfied with the value of the services provided. In Hong Kong, more and more law firms are applying to use acronyms of the partners’ surnames as their firm names to enhance publicity promotion with names that are clear, concise and easy to recall.

These innovative tools we use to meet the challenges are business focused.

Fulfill our public service role

However, as the Chief Justice pointed out, ‘the practice of law cannot be treated as merely a business’. Indeed, as our core principles have demonstrated, we have always been aware that what we do is something more than a business. We take pride in being lawyers because we play an important role in society which distinguishes our profession from others – we help others realise and take advantage of their rights, promote the rule of law, enhance easy access to justice for all and participate actively in the fair administration of justice. In short, we form the backbone of the legal system which affects almost every
aspect of our society.

The fulfilment of solicitors’ public service role in society takes different forms:
• solicitors have contributed to free legal advice services with their active participation in the Free Legal Advice Scheme by the Duty Lawyer Service, free legal advice services offered by NGOs and other organisations like the District Councils or acting as legal advisors to NGOs;
• promotion of legal education through the giving of free talks and seminars to the public is another way that solicitors serve society by helping to bring the law closer to the community and to enable more people from different walks of life to better understand their legal rights; and
• solicitors’ active participation in the mentorship schemes organised by law schools and the Law Society, from time to time, enables them an opportunity to share their experiences with and act as a role model for the younger generation.

According to the ‘Government Reports of the Consultancy Study on the Demand for and Supply of Legal and Related Services’ published in 2008, about 37% of solicitors provided pro bono services to the public in the six months prior to enumeration, and as high as 16% of solicitors devoted 20 hours or more per month to pro bono work.

The Law Society also offers pro bono secretarial assistance to government or statutory committees that review important areas affecting the legal profession; for example, mediation and legal education.

As Winston Churchill once said, ‘The price of greatness is responsibility.’ As a great profession, I believe we have paid and will continue to pay our fair share in discharging our heavy social responsibility.

Huen Wong