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Legal aid cases handled by private sector lawyers
Following is a question by Dr the Hon David Li Kwok-po and a written reply by the Chief Secretary, Mrs Anson Chan, in the Legislative Council today (Wednesday):
Question: It is learnt that the Legal Aid Department will issue formal warnings to lawyers practising in the private sector who do not handle legal aid cases in a professional manner. In this connection, will the Government inform this Council:
(a) how the Legal Aid Department determines whether or not a lawyer in the private sector handles legal aid cases in a professional manner;
(b)
(c)
(d)
of the proportion of legal aid cases assigned to lawyers in the private sector to the total number of legal aid cases in each of the past three years;
of the total expenditure on fees paid to lawyers in the private sector handling legal aid cases in each of the past three years; and
of the number of complaints received by the Legal Aid Department regarding the professional misconduct of private sector lawyers in each of the past three years; and of the findings of the investigation into these complaints?
Reply:
Mr President,
(a)
(b)
Lawyers in the private sector handling legal aid cases are expected to observe the rules governing their conduct as set out in the codes of conduct issued by the professional legal bodies and in the relevant legislation, and to exercise professional skill, care and diligence in the discharge of their duties and obligations towards their clients. All cases assigned out to lawyers in the private sector are monitored by the Legal Aid Department and the lawyers concerned also have to make regular reports to the Department.
In the past three years, about 75% of civil legal aid cases were assigned to lawyers in private practice. The details are as follows:
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