Solicitor Roderick Miller Only Allowed Conditional Practice (And Cannot Sign Cheques For Clients)

律師 Roderick Miller (Solicitor / Lawyer) 於2011年因欠債遭入稟，至今年債項仍未清還，律師會遂向他發出有條件的執業證書，包括律師受聘前要獲得律師會批准，亦不可代客戶簽發支票。律師不服向上訴庭提上訴，但法官今指，雖然法庭並不質疑該律師的誠信及能力，但認同律師會有責任保障公眾利益，故駁回律師的申請。

 

(Source: http://hk.apple.nextmedia.com/realtime/news/20140414/52383194)

42. ... Whilst I accept a short term cash flow problem may not always be a problem in the practice of a solicitor, long term unresolved financial difficulties would obviously be a problem if the solicitor is entrusted with the monies of his client. A sole proprietor will inevitably have dealings with the funds of his client. Even putting aside conveyancing practice, a litigation solicitor would have monies on account from his clients for disbursements and counsel fees. The unfitness to practise may stem from circumstances other than those pertaining to the integrity or competence of a solicitor. As Rule 2 itself suggests, it may stem from the financial position of a solicitor.

 

43. On the facts of the present case, having considered the submissions of counsel in light of all the materials before me, I am of the view that it is NOT appropriate to issue an unconditional practising certificate to Solicitor / Lawyer Mr Roderick Miller for 2014...

 

(Source: http://www.hklii.hk/eng/hk/cases/hkcfi/2014/699.html)