How to instruct a solicitor in Hong Kong

To instruct a solicitor in Hong Kong, choose a Hong Kong law firm, check the firm and the solicitor on the Law Society’s Law List, agree in writing what the firm will do and how you will be charged, then give clear written instructions. A solicitor is usually the first lawyer you hire for any Hong Kong law matter. If the case later needs a barrister, the solicitor brings one in.

Is a solicitor the right first call?

• Hong Kong law: yes, a Hong Kong solicitor firm. The Law Society says registered foreign law firms are precluded from practising Hong Kong law.
• Court advocacy or a specialist opinion: still start with a solicitor. Barristers are a referral profession, and the solicitor instructs them.
• Foreign law only: a registered foreign law firm qualified in that jurisdiction may be the better fit.
• You cannot afford a lawyer: read our guide to legal aid first.

How to instruct a solicitor, step by step

1. Write a one-page summary. Set out what happened, the key dates, who the other side is, what you want, and any deadline you know of. Gather contracts, letters and court papers.
2. Shortlist two or three firms that do your kind of work. Our law directory summarises firms’ practice areas, languages and offices from their own websites.
3. Check each firm in the Hong Kong Law Firms section of the Law List, using the exact name on the letterhead. Our Law List guide walks through it.
4. Check the solicitor who will handle your matter in Members with Practising Certificate.
5. Contact the firm using the Law List details, not only a number or email address you were sent.
6. Name the other parties early, so the firm can check it is not already acting for them.
7. Ask about costs before work starts (see below), and get the answers in writing.
8. Read the engagement terms before you sign. Look for who is acting, what is included and excluded, how fees and disbursements are charged, and when you will be billed. Keep a signed copy.
9. Give instructions in writing for anything important, and keep copies of what you send and receive.

Costs: what to ask

The Law Society’s Hong Kong Solicitors’ Guide to Professional Conduct has a chapter on fees that opens with informing the client about costs and explaining the extent of the work. Use it as your cue to ask:

• Is the work charged by the hour, at a fixed fee, or a mix?
• What are the hourly rates of each person who will work on the file?
• What is the estimate for the whole matter, and for the next stage?
• Which disbursements, such as court fees or a barrister’s fees, are likely?
• How much money on account is needed, and which firm’s client account will hold it?

We do not publish solicitors’ rates. Ask each firm on your shortlist the same questions and compare the answers.

Protection that comes with a Hong Kong law firm

All Hong Kong law firms have been covered by the Law Society’s compulsory Professional Indemnity Scheme since it was set up in 1989. The Society says its main purpose is to protect members of the public who use a Hong Kong law firm. For claims first made on or after 1 October 2019, the limit is HK$20 million for any one claim, including the deductible and costs. Some firms practise as limited liability partnerships, which affects how far individual partners are personally liable; the Law List shows which firms are LLPs.

When a barrister is needed

The Hong Kong Bar Association says the instructing solicitor decides whether a barrister should be instructed and which one, takes your instructions, sets out the facts for the barrister and negotiates the barrister’s fees on your behalf. Those fees are a cost of your case, so ask for them in the estimate. More in how to instruct a barrister.

Warning signs

• A firm or solicitor you cannot find on the Law List.
• An unexpected request to pay into a new bank account. The Law Society publishes reported scams on its Scam Alert page.
• Pressure to sign before you have seen the terms.
• A foreign law firm offering to handle a Hong Kong law matter on its own.

If you are unhappy with a solicitor’s conduct, see how to complain to the Law Society. We are not the Law Society, and nothing here is legal advice.