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Legal Counsel and Legal Practitioners Ordinance

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  1. #1

    Smile Legal Counsel and Legal Practitioners Ordinance

    Hi there,

    I got a question regarding the use of title "Legal Counsel" in HK. I m an Aussie practising solicitor and currently got a job offer in HK as a "Legal Counsel". My question is under
    s46 of the LPO which provides that "any unqualified person who wilfully pretends to be, or takes or uses any name, title...description implying he is qualified ... as a solicitor shall be guilty of an offence..."

    I know the titles of solicitor, barrister and foreign lawyer definitely can't be used in HK if you are not qualified to practise here, so people normally use something like legal manager, consultant etc but generally not legal counsel.

    I called the law society and they advised as long as I work for a corporation and not private practice, the term legal counsel can be used but they didn't explain much, can anybody pls help as I just don't want to break any rules here.

    Tks
    Jason


  2. #2

    Join Date
    Mar 2008
    Posts
    992

    As long as you are only acting for your principal and not offering legal services to the public, its common to use inhouse titles such as General Counsel, Legal Counsel, Sr Legal Counsel, Legal Advisor ect.

    shri likes this.

  3. #3

    Thanks guys but still confused. Does it mean People can use whatever term they like incl. solicitors and foreign solicitors as long as they don't offer services to the public? Or if the person offers services to the public, say working in private practice, then he can't use the term legal counsel? Can't see anything in the Ordinance mentions this...


  4. #4

    Join Date
    Mar 2008
    Posts
    992
    Quote Originally Posted by Jasonbolton:
    Thanks guys but still confused. Does it mean People can use whatever term they like incl. solicitors and foreign solicitors as long as they don't offer services to the public? Or if the person offers services to the public, say working in private practice, then he can't use the term legal counsel? Can't see anything in the Ordinance mentions this...
    No you cant use the title solicitor or foreign lawyer if you are working for inhouse. Those are specific titles that require registration with the Law Society. Check the definations - "solicitor" means a person who is enrolled on the roll of solicitors [in HK] / “ foreign lawyer ” means a person registered as a foreign lawyer under Part IIIA. You have checked with the Law Society and its fine to use the title Legal Counsel and I know plenty of folk with such titles. Dont overthink the matter, take the title they've given you.
    jrkob likes this.

  5. #5

    Thanks mate!


  6. #6

    Join Date
    Feb 2005
    Location
    Manchester, UK
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    7,790

    Ah no wonder our in house Legal Counsel had to find a local Law firm to handle a case for us, There I was thinking why the feck hire a Lawyer who then hires a local firm to represent us LOL thought he was a just another useless twat. Opps