Solicitor advocates in Hong Kong: higher rights of audience

A solicitor advocate is a Hong Kong solicitor who has been granted higher rights of audience: the right to argue a client’s case in open court in the higher courts. The grant comes from the Higher Rights Assessment Board, and the Law Society publishes the List of Solicitor Advocates so the public can check who holds it. The one thing to know: a grant covers civil proceedings, criminal proceedings or both, so check the class shown against the name, not just the title on a business card.

What higher rights of audience mean

“Rights of audience” means the right to appear and speak for a client in court. The Law Society’s Higher Rights of Audience page says successful applicants are given the title Solicitor Advocate and have the same rights of audience as barristers to make submissions in open court in the higher courts of Hong Kong.

A solicitor advocate is still a solicitor. They remain regulated by the Law Society, practise through a solicitors’ firm and appear on the Law List, not the Bar List. Barristers, by contrast, are a referral profession: the Hong Kong Bar Association says that, save in a few recognised situations, clients cannot instruct a barrister directly and must retain a solicitor who instructs the barrister for them.

Who grants the rights

The Higher Rights Assessment Board is chaired by a judge, and its other members include judges, Senior Counsel and solicitors. The Law Society says the Board was set up to make rules on applications for higher rights of audience and to decide those applications. Higher rights can be granted for civil proceedings, criminal proceedings, or both.

The Law Society compiles its list under section 39Q of the Legal Practitioners Ordinance (Cap. 159), using information the Board gives it. The Society says it publishes the list to help the public and its members identify and locate solicitor advocates.

How to check a solicitor advocate

1. Open the Law Society’s List of Solicitor Advocates and search the person’s name.
2. Read the class. The list shows whether the higher rights are for civil proceedings or criminal proceedings.
3. Read the dates. Each entry shows the date the rights were acquired, and a cease date if they have ended.
4. Confirm the person is a practising solicitor. Search Members with Practising Certificate on the Law List. Our guide to solicitor practising certificates explains why that matters.
5. Ask the firm, in writing, who will appear at each hearing and at what cost.

Solicitor advocate or barrister

Your solicitor can advise whether your case needs counsel, a solicitor advocate, or neither. See how to instruct a barrister and the Bar List guide for the barrister side.

How solicitors apply for higher rights

If you are a solicitor thinking of applying, start with the Board’s application form and general information. The key points it sets out:

• You apply either for exemption from assessment or to sit an assessment. The Board will not accept a “rolled up” application that asks for exemption and, failing that, assessment. In any one application period you must choose one route.
• Under section 39L(1)(b) of the Ordinance, the Board may grant higher rights only if it is satisfied you have acquired sufficient experience in litigation work, in the course of ordinary practice, within the three years immediately before the application.
• Every applicant, whichever route, must send enough material to satisfy the Board of that experience. Exemption applications are decided on the material submitted, so send it with the application.

Check the Board’s current form for fees, application periods and assessment dates. We do not reproduce them here.

Common mistakes

• Assuming every experienced litigation solicitor has higher rights. Only those on the list do.
• Assuming a civil grant covers a criminal trial, or the other way round.
• Missing a cease date on an older entry.
• Treating the title as proof of a current practising certificate. Check the Law List as well.

ranked.hk is not the Law Society or the Higher Rights Assessment Board, and this page is not legal advice. You can compare Hong Kong solicitor firms in our law directory, written from each firm’s own website, then check any named solicitor advocate on the official list. Our guide to instructing a solicitor covers what to agree before work starts.