Hong Kong Regulations

SOLICITORS' PRACTICE RULES - RULE 5D

Steps to be taken in criminal matters

Where a firm acts for a client in relation to that client's criminal
litigation the solicitor in charge of that matter shall take the following
steps-

   (a)  as soon as practicable and not more than 7 days after receiving
        instructions the firm shall confirm by letter to the client-

        (i)    the instructions given by the client;

        (ii)   the services to be provided by the firm;

        (iii)  the name of the solicitor in charge of the matter; (iv) the fee
               to be charged or an estimate of such fee; and (v) the name of
               counsel, his fee and any refreshers, or an estimate of such fee
               and refreshers, and the firm shall secure the written and
               signed agreement of the client to those terms;

   (b)  if any material change occurs to the information contained in the
        letter provided to the client (for example, the identity of counsel)
        the firm shall within 7 days notify the client in writing of that
        change and secure the client's written and signed agreement to the
        change;

   (c)  at the end of the case the firm shall promptly deliver to the client
        an account, signed by a solicitor personally, which includes-

        (i)    the name and court number of the case;

        (ii)   the name of any counsel retained;

        (iii)  the dates of any court appearances;

        (iv)   a note of any fees paid to counsel; and

        (v)    the solicitor's profit costs and disbursements;

   (d)  when money is received from a client in payment of fees or on account
        of costs or disbursements, the firm shall deliver a receipt to the
        client;

   (e)  as soon as practicable, and in any event both before the relevant
        hearing and not more than 7 days after counsel has been instructed,
        the firm shall deliver a backsheet or other written instruction to
        counsel on which shall be endorsed (inter alia)-

        (i)    the name and personal signature of the solicitor in charge of
               the matter;

        (ii)   the name of the firm;

        (iii)  the name of the case (and the court number if known at the
               time);

        (iv)   the name of counsel; and

        (v)    the agreed fee and any agreed refreshers;

   (f)  the firm shall only pay a counsel after receipt of a fee note, and
        payment shall only be made by cheque drawn on the office or client
        account of the firm;

   (g)  the firm shall retain copies of all the above documents for not less
        than 2 years after the completion of the matter. (L.N. 138 of 1993)