(Ju3) (Live Presentation VC and Webinar) (RME Elective) Risk Management for Hong Kong Lawyers – avoiding the legal advice problem and limiting the professional duty of care

Date:  12 July 2023 (Wednesday)  Time: 2:00pm – 5:45pm  Language: English  Level: Advanced

Speaker: Judith Sihombing, Adjunct Associate Professor, Faculty of Law, Chinese University of Hong Kong

Lawyer/Trainee Solicitor/Foreign Lawyer  Other Professionals’ Elective RME &CPD Points:  4

Fee: HK$2,350

Highlight :

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 [2004] HKEC105 and Cheung Wei Man & Anor v Cataline Property Agency [2006] 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 [2017] UKSC21 which reinforced the House of Lords decision South Australia Asset Management Corporation v York Montagu Ltd [1997] 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.

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Judith Sihombing
(LLB (Melb) and LLM (Malaya), Barrister and Solicitor of the Supreme Court of Victoria and of the High Court of Australia) formerly Associate Profession, Faculty of Law University of Hong Kong, then PSL and Training Manager at Simmons & Simmons (HK office).