Solicitor firm, foreign law firm or chambers in Hong Kong

Hong Kong legal work comes from three kinds of practice. A Hong Kong solicitor firm handles Hong Kong law and is usually the first lawyer you hire. A registered foreign law firm practises the law of other jurisdictions and, the Law Society says, is precluded from practising Hong Kong law. Barristers’ chambers house barristers, who specialise in advocacy and litigation and are normally instructed through a solicitor. If your problem is governed by Hong Kong law, start with a solicitor firm on the Law Society’s Law List.

The three kinds at a glance

Hong Kong solicitor firms

The Law Society lists Hong Kong solicitor firms in the Hong Kong Law Firms section of the Law List, and individual solicitors in a separate list of members with a practising certificate. This is the kind of practice you want for a Hong Kong company, a contract under Hong Kong law, a property purchase, an employment problem or a local court case.

A solicitor firm can also bring a barrister into your case. 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.

Registered foreign law firms

Since 9 September 1994, a foreign law firm that practises from Hong Kong has had to register with the Law Society under the Legal Practitioners Ordinance and the Foreign Lawyers Registration Rules. The Law Society’s foreign law firms page says such a firm may practise the law of the jurisdictions where its partners and associates are qualified, and of third jurisdictions where they are competent to practise. It may not practise Hong Kong law, employ Hong Kong solicitors, or take them into partnership.

Some international names in Hong Kong run a Hong Kong firm and a foreign firm side by side. If the two share fees, profits, premises, management or employees, they must register as an association with the Law Society. They remain two firms, so check which one is acting for you. Our guide to registered foreign law firms explains the rules in more detail.

Barristers’ chambers

The Hong Kong Bar Association describes barristers as a referral profession. Except in a few recognised situations, people who need legal services cannot instruct a barrister directly. You retain a solicitor, and the solicitor instructs the barrister. The Bar describes a barrister as an expert in advocacy who specialises in litigation, and says you can instruct one for oral or written advice on any legal matter or to draft documents related to litigation.

Barristers practise from chambers, and the Bar List has pages for individual barristers and for chambers. Under the Bar’s Professional Direct Access rules, members of recognised professional bodies, such as accountants and company secretaries, can instruct a barrister without a solicitor, but only in work within their own professional field. See how to instruct a barrister.

Which one to contact first

1. Work out whose law applies. A Hong Kong company, lease, employment contract or court claim usually means Hong Kong law. A contract governed by another country’s law may need a lawyer qualified there.
2. For Hong Kong law, contact a Hong Kong solicitor firm. If the matter later needs a barrister, the firm will instruct one.
3. For foreign law only, a registered foreign law firm can act. If the deal also touches Hong Kong law, you will need a Hong Kong firm as well.
4. If you have a barrister in mind, tell your solicitor. The solicitor advises whether that choice suits your case and sends the instructions.
5. Check the practice on the official list before you sign or pay. Our Law List guide shows how.

Things that trip people up

• A global brand on the door does not tell you the registration. Look up the exact entity on the Law List.
• “LLP” after a firm’s name describes how the partnership is structured. The Law Society keeps a separate list of firms practising as limited liability partnerships, but LLP is not a fourth kind of practice.
• A lawyer listed only as a registered foreign lawyer has a certificate of registration, not a Hong Kong practising certificate.
• The Bar says no fee can be charged by anyone for introducing a barrister to you.

Our law directory lists Hong Kong solicitor firms, registered foreign law firms and chambers from each practice’s own website, so you can compare kind, practice areas, languages and offices. It is not the Law List or the Bar List, and nothing here is legal advice.