Hi, I am a recent PCLL graduate and I am having a problem with my TC. I signed a TC weeks ago, but unexpectedly got a better offer a few days ago.
I am not sure if I should take the new offer. I understand that it is technically contrary to the code of of good practice issued by the Law Society, but is it really common or probable for disciplinary consequence to arise?
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最新回覆於2017年7月4日收到，請拉下閱讀
Anonymous – 4.7.2017
“In response to the new requirement of declaration, the law students also have freedom of contract in this regards. Whether there are any consequence depends on the boss.”
Anonymous – 15.6.2017
“To assist the Council to exercise its power under rule 8(2) and rule 8(3) of the Rules, the form of the Application has been amended with effect from 5 June 2017 to require an applicant to declare whether or not he or she has complied with paragraph 9 of the Code which states that, once a student has accepted an offer of a training contract, the student must inform all other employers who have made an offer or invited the student to attend for interview and make no further applications for a training contract and accept no further offers.”
Anonymous – 13.6.2017
“I am not aware of any disciplinary decision made by the Law Society of Hong Kong in this regard. I have also not heard of any law firm filing a complaint with the Law Society of Hong Kong in this regard.
Considering you enter into a training contract around the time you finished your PCLL, it would be likely that you signed a training contract with a local firm with less than 5 partners. Such small local firms may not care as much when it comes to their reputation among law students. If such small local firms are litigious, I won’t be surprised if they file a complaint against you out of spite. You may therefore wish to check whether the partners at such small local firm are litigious.
I would also say it is a matter of freedom of contract and a matter of economic breach of contract. if you exercise your right to freedom of contract by terminating the training contract now, you would unlikely have to pay any damages.
So… go ahead. But please do it politely and in a low profile manner. The last thing you want is to anger the partners at such small local firm and be the first person in Hong Kong to be disciplined.
I wish you the best of luck. From the bottom of my heart. And from somebody who regretted obeying the code.”
GG – 13.6.2017
“It depends on the boss of the firm with which you signed the TC. Some bosses are just demanding, emotional and indifferent to whether you can survive in the legal field. Some bosses are simply too kind or busy to revenge on a newbie. Therefore, you should prepare yourself for not only ‘probable’ disciplinary consequences of Law Society but also possible disputes with the innocent law firm.”
Anonymous – 11.6.2017
” If you pay enough compensation to the 1st firm, they will not report to law society of HK. Then everyone is happy”
Anonymous – 11.6.2017
“The goal of a lawyer is always to become a person of integrity the legal circle is small credibility is all that you need to be successful once tainted it cannot be undone you’re pretty much doomed after that”
Kenneth – 11.6.2017
“the code of practice is clear on this point. so you are asking how likely you will get caught for running a red light. if you really want to take the new job, consider talking with the firm and see if they are willing to release you.”
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