- Instructor: Anne Carver
- Duration: 4 hours
Date: 05 September 2022 (Monday) Time: 2:00pm – 5:45pm Language: English Level: Advanced
Speaker: Anne Carver, now teaches part time at the Chinese University in the School of Business and in the School of Public Health, where she is an Honorary Professor
Lawyer/Trainee Solicitor/Foreign Lawyer Other Professionals’ Elective RME &CPD Points: 4
When does a client’s personal commercial mis-judgment become a negligence problem for the Hong Kong solicitor? Where does the solicitor’s duty of care begin and end? This RME seminar has three objectives to explore the answers to these specific questions.
The first objective is to examine the Law Society’s definition of risk management and compare it with the goals of the current risk management standards in business to put legal risk management into the particular context of legal practice and issues relating to negligence by a solicitor.
The second objective is for delegates to discuss two Hong Kong case studies in detail to identify how, if at all, delegates would have advised differently in the same situations. In class, we shall examine Industrial and Commercial Bank of China (Asia) v BC Chow  HKEC105 and Cheung Wei Man & Anor v Cataline Property Agency  HKEC 1824 to identify the aspects of potential negligence by the Hong Kong solicitors.
The third objective is to examine the judgment in the landmark UK Supreme Court case BPE Solicitors and Another v Hughes -Holland  UKSC21 which reinforced the House of Lords decision South Australia Asset Management Corporation v York Montagu Ltd  AC 191.
In particular, delegates will analyse the facts of the BPE Solicitors case from a legal risk management perspective and highlight the problems for the solicitor involved in giving this sort of legal advice in commercial practice.
The overall objective of this seminar is therefore to provide delegates with an opportunity to discuss the available tools to avoid these sorts of negligence claims by commercial clients who claim that the clients’ problems have been caused by the solicitors concerned.
Remark: All eligible lawyers including partners, sole proprietor, consultants, assistant solicitors, foreign lawyers and trainees should take at least 3 Elective RME points each year. All solicitors can have 4 CPD points per seminar. However, we will give the priority to all eligible solicitors in obtaining elective RME points and CPD points.