Legal Aid Department > Legal Aid Panel

Having regard to the client's interest and the type and complexity of the case in question, the Director selects counsel or solicitor in accordance with the following criteria:

Counsel/solicitor should:

(a)	be a member on the Legal Aid Panel holding a current practising certificate;
(b)	be available and in active practice;
(c)	have satisfactory past performance record;
(d)	satisfy the minimum experience requirement specified for the relevant area of work;
(e)	not exceed the limit on assignments of legal aid work and/or, where appropriate, costs and fees paid or payable for such work in the past 12 months;
(f)	(in the case of solicitor) have the necessary support and facility afforded by his/her firm to ensure that legal aid work is handled competently and expeditiously.

Minimum Experience Requirements

For civil cases, Counsel/solicitors should:

(a) have at least 3 years of post-admission/post-call experience in the legal field; and

(b) have handled a minimum number of civil cases in the relevant area of work within a specified period:

(i) for medical negligence, professional negligence, administrative/constitutional law (including Bill of Rights) cases, have handled at least 5 civil cases* in the relevant area of work in the past 3 years; and

(ii) for the other cases, have handled at least 16 civil cases* in the relevant area of work in the past 3 years.

* including both legally aided and non-legally aided cases

For criminal cases, Counsel/solicitors should:

(a) have at least 3 years of post-admission/post-call experience in the legal field;

(b) have handled at least 5 criminal cases* in the past 3 years in the relevant area of work; and

(c) meet the minimum experience requirements specified below:

(i) Cases in the District Court

at least 3 years relevant criminal litigation experience;

(ii) Cases in the Court of First Instance and appeals from the Magistrates' Court

at least 5 years relevant criminal litigation experience;

(iii) Appeals to the Court of Appeal and the Court of Final Appeal #

at least 7 years relevant criminal litigation experience for counsel, and at least 5 years relevant criminal litigation experience for instructing solicitor for appeals to the Court of Appeal; and

at least 10 years relevant criminal litigation experience for counsel, and at least 7 years relevant criminal litigation experience for instructing solicitor for appeals to the Court of Final Appeal.

* including both legally aided and non-legally aided cases

# the number of cases handled in the Court of Appeal and in the Court of Final Appeal is considered jointly for the purpose of counting the past criminal cases experience set under para.(b) above.

Limits on Legal Aid Assignments

Assignments should not generally exceed the limits set out below:

Civil Cases:

(a) for solicitor 45 cases within the past 12 months; and

(b) for counsel 25 cases within the past 12 months.

Criminal Cases:

(a) for solicitor 30 cases or $600,000 legal aid costs within the past 12 months (whichever occurs first); and

(b) for counsel 30 cases or $1.2 million legal aid fees within the past 12 months (whichever occurs first).

Provided that it is in the interests of the aided person, assignment to counsel and solicitor who does not meet the minimum experience requirements or in excess of the assignment limit may be allowed with the approval of the Section/Division Head.

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