3/24/2008

Could the Hong Kong Lawyers Charge Their Client If They Can't Duly Deliver Professional Legal Comments Or Opinions ?

As a Hong Kong registered Chinese lawyer, I have had a meeting with two Hong Kong solicitors(one Solicitor and one senior associate)this morning in a corporate client's office in Central of Hong Kong, as previously scheduled before the Easter Holiday. The meeting has lasted almost two hours, with 7 people present.

To my surprise, the two Hong Kong solicitors seem to know little about the Hong Kong civil and criminal procedural law as well as court practices or experiences, even though the meeting was originally designed to focus on listening to their professional legal comments and opinions. Several basic questions were raised at the meeting and their vague replies went as follows:

1. Can emails or emailed printouts/documents be used as legal evidences at Hong Kong court?(the solicitors' replies: it seems OK, probably should be all right)

2. What civil and criminal consequences can false signatures generally lead to ? Or to be more exact, if a person has signed some change of directors agreements, but refuses to sign more similar documents as necessarily required by governments for change of directors formalities, even though he has been informed again and again for 5 months via emails and middleman or via lawyers or even paid to consult independent legal opinions, the person still refuses to sign more necessary documents, and the relevant may be forced to cease operations, under such circumstances, what civil and criminal consequences may occur to the "false signer" in the best interests of the company on good faith ?(the solicitors' replies: not sure, have to check later, it seems criminal liabilities may happen to the "false signer")

3. Do you have any suggestions of what to do now and in the near futures ?(the solicitors' replies: to send Demand Letter at first to the refusal person in the name of law firm)

4. ...

The two Hong Kong solicitors may be familiar with documents work, but obviously have no experience in commercial litigation or court procedures, but with common sense. Can they still issue bills and charge the client two hours for their "professional" work ?

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