Legal Tales | A K-drama dilemma versus reality of ‘cab rank rule’ for Hong Kong barristers
Referral system ensures no one is denied representation by a barrister, while allowing the latter to render services independently and impartially
After a family trip in the summer to attend a K-pop concert at the O2 in London, I returned to Hong Kong and resolved to step outside my comfort zone by tuning in to watch a Korean drama for the first time.
In the 10th episode of Law and the City (starring Lee Jong-suk and Moon Ga-young), junior attorney Cho Chang-won (played by Kang You-seok) grapples with the moral dilemma of defending a perpetrator of school violence. He voices his concerns to his principal, who retorts coolly that lawyers do not get to cherry-pick their cases. Lawyers, he continues, do not defend with emotion. Their only job is to translate what a client wants to say into legal terms – they are “technicians”.
Aside from the romantic scenes shot around Hong Kong – including the Central-Mid-Levels escalator, Causeway Bay, Hong Kong International Airport and Hollywood Road – which received support from the Hong Kong Tourism Board, the drama also piqued my interest with its portrayal of the duties and ethical challenges faced by lawyers.
As far as barristers in Hong Kong are concerned, what the principal says is partially correct. It is true that we cannot choose clients based on personal sentiment or biases. However, it would be wrong to say that a lawyer’s job is merely to translate a client’s words into legal terms.
The barristers’ profession in Hong Kong is a referral profession. Under the Barristers’ Code of Conduct, or Bar Code, save for some exceptions, a practising barrister may not act, whether for a fee or otherwise, in a professional capacity except upon the instructions of a solicitor. An instructing solicitor is, in turn, typically the first point of contact if a client wishes to engage a barrister.
In practice, a client must consult a solicitor before seeking a barrister’s expertise. A solicitor will then advise on whether a barrister’s services are necessary and, where they are, send instructions to the barrister. Therefore, barristers render legal services within the parameters of their instructions.