Bastille's Report: "Beware of Misleading Lawyer Advertisements; No Intermediary Required for Legal Aid" - Legal Aid Department

Unscrupulous "accident scammers" are increasingly in the spotlight for preying on victims of minor traffic incidents—waiting months or even years before demanding hundreds of thousands of dollars in "personal injury" compensation from the drivers involved. Even more outrageous, ordinary citizens are now being actively approached outside locations such as public hospitals or the Labour Department by law firm staff offering "free" assistance with work-related injury or personal injury claims. These seemingly helpful schemes, however, often conceal hidden traps, leaving citizens not only financially worse off, but also potentially jeopardizing their ability to claim compensation in the future.

Mr. Chong Ting Kwun, the Legal Aid Counsel (left), Ms. Chan Oi Yung, Deputy Director of Legal Aid/ Policy & Administration (middle), Ms. Leung Ho Yan, the Legal Aid Counsel (right), Photo by Bastille Post

Hospitals, Labour Department: Hotspots for Improper Solicitation

Ms. Chan Oi Yung, Deputy Director of Legal Aid/ Policy & Administration, pointed out in an interview with Bastille Post that improper solicitation practices by lawyers are clearly evolving. Previously, a common practice was "dividing the compensation," in which an improper percentage was taken from the client's award. After the Legal Aid Department explicitly prohibited such practices, more covert methods have emerged.

Stationed outside the Legal Aid Department's branch offices, the Labour Department, or emergency rooms, orthopedics, and physiotherapy departments of public hospitals, the law firm staff would solicit citizens in need of legal services. Photo source: reference image

Ms. Chan explained that when applying for legal aid, citizens can choose whether to "nominate a lawyer." If no specific lawyer is nominated, the Legal Aid Department will assign one after reviewing the case and the applicant's financial situation. However, some unscrupulous law firms are exploiting the loophole. Stationed outside the Legal Aid Department's branch offices, the Labour Department, or emergency rooms, orthopedics, and physiotherapy departments of public hospitals, the law firm staff would solicit citizens in need of legal services with slogans like "100% success rate" and "no fees charged". Claiming they can assist with "applying for legal aid", they enticed applicants to nominate them as their chosen lawyers. "Sometimes you can tell at a glance that the citizen has been roped in," Ms. Chan said.

Not a Guarantee of Quality: Joining the Legal Aid Panel

Some law firms even used the claim that "our lawyers have joined the Legal Aid Panel" to attract customers, leading many citizens to mistakenly believe the lawyers would be reliable—or even that they represent the Legal Aid Department itself. Nevertheless, Ms. Chan pointed out that all lawyers legally practicing in Hong Kong can apply to join the Legal Aid Panel. This only indicates that the lawyer is "licensed"; it does not guarantee sufficient experience or reflect a strong track record in handling legal aid cases.

High Cost of Switching Lawyers

Choosing a lawyer is not like buying vegetables at a market—you can't simply switch if you're not satisfied. The hidden high costs are staggering. Hong Kong lawyers generally charge by the hour, with rates even reaching several thousand dollars per hour. If a lawyer is changed midway through litigation, the new lawyer must review all case documents from scratch and familiarize themselves with the details anew, inevitably requiring a recalculation of service hours.

Mr. Chong Ting Kwun, the Legal Aid Counsel (right), Ms. Chan Oi Yung, Deputy Director of Legal Aid/ Policy & Administration (left), Photo by Bastille Post

Legal aid is not totally free. According to the Legal Aid Department's "Important Notice for Legally-Aided Persons", if a case is ultimately won, a portion of the service fees may be deducted proportionally from the compensation. However, if a lawyer is changed midway, applicants may need to "pay upfront". Ms. Chan cited a case where, after the decision to change lawyers, the original lawyer presented a bill for over HKD$20,000. For ordinary citizens applying for legal aid, this is no small sum. For many workers' compensation applicants with limited financial resources, the burden is even heavier.

Litigation Outcome May be Affected

Choosing a lawyer involves far more than just time and money—it can directly influence the outcome of litigation and even have a profound impact on a client's life. Mr. Chong Ting Kwun, the Legal Aid Counsel, revealed that some lawyers, when soliciting clients in places like hospitals, would often boast that they can secure "super compensation". However, once the case progresses to later stages, they become eager to persuade the client to accept a settlement offer far lower than initially promised. "Perhaps the case itself may not have strong prospects, but the law firm may not explain this. Only on the eve of trial do they tell the client to apply for legal aid, offloading the case to the Legal Aid Department in a last-ditch gamble. If the client ultimately wins or receives substantial compensation, they then claim a share of the proceeds." He pointed out that this kind of "tactic" not only severely undermines the professionalism of legal services, but may also directly harm the client's legitimate rights.

Mr. Chong Ting Kwun, the Legal Aid Counsel, Photo by Bastille Post

Profound Impact on Client's Life

Ms. Chan revealed that a construction worker was once informed by his lawyer that he was likely to receive HKD $2 million in compensation. However, when the insurance company requested a detailed breakdown of the compensation calculation, the lawyer arbitrarily reduced the amount to HKD $500,000 without any reasonable explanation. Such a huge discrepancy left the client devastated and emotionally distressed—also a clear sign that the lawyer hadn't actually calculated the compensation amount, but had simply used a high figure to lure clients.

When the Legal Aid Department personnel subsequently took over the case, the client was highly agitated, even stating, "If you don't give me HKD $500,000, I'll jump off a building." Reflecting the case, Mr. Chong said, "Choosing a suitable and reliable lawyer is absolutely crucial." He warned against blindly trusting law firm advertisements or brochures, as a careless choice could not only cause financial losses, but also push the client to the brink of emotional and life-threatening crisis, affecting future claims or litigation outcomes.

Monitoring System: Regularly Reviewing Lawyers' Performance

Mr. Chong pointed out that for legal aid applicants who do not designate a specific lawyer, approximately 20% of cases will be handled directly by the Department's internal litigation team, while the remaining 80% will be outsourced to qualified law firms. Ms. Chan added that the Legal Aid Department maintains a rigorous monitoring system for these outsourced lawyers, with regular reviews of their performance and case handling.

The Legal Aid Department, Photo by Bastille Post

If an outsourced lawyer is found to have made serious errors in handling cases—such as "suing the wrong party", providing inappropriate legal advice to the applicant, delaying proceedings, or demonstrating insufficient professional competence—or if past judgments contain negative evaluations of their performance, the Legal Aid Department will record these incidents and has the right to remove the lawyer from the Panel. The Department also fulfills its obligation to inform the applicant. Mr. Chong added that even during the course of a case, the Legal Aid Department staff would continuously review the progress of litigation, including examining legal documents and expert reports, etc. If the Department discovers that the applicant has made false statements, it also has the right to suspend the applicant's legal aid.

Mr. Chong reminds citizens to carefully select lawyers and not to easily believe exaggerated promises. The so-called "zero-fee" solicitation tactics seen in the market are actually strategies where lawyers handle only simple preliminary work, then claim the relevant litigation costs after the client successfully applies for legal aid and receives compensation from a favorable outcome.

Legal Aid Department Staff: Passionate About Serving the Public

As a government service department, the Legal Aid Department has been providing crucial legal support to citizens for over half a century. Some people may hold a misconception that "government-appointed lawyers" would be inferior to private lawyers. However, Ms. Leung Ho Yan, the Legal Aid Counsel, pointed out that the reality is quite the opposite. "Precisely because we do not face the business pressures as private practitioners, we can focus more purely on acting in the best interests of our clients." She explained that the work of government lawyers is strictly monitored: compensation calculations for each case require detailed supporting evidence and must be reviewed and approved by superiors to ensure professional standards are met.

Ms. Leung Ho Yan, the Legal Aid Counsel, Photo by Bastille Post

She said that sometimes they encounter cases with "insufficient" evidence. For instance, a construction worker failed to report his injury immediately after the incident and delayed seeking medical treatment. Moreover, he did not mention that it was a work-related injury when he saw the doctor, leading to discrepancies between the medical records and the actual time of the incident. As a result, the case stretched on for nearly three years. Through repeated communication and painstaking efforts to clarify details, the legal aid counsels gradually pieced together a complete and detailed witness statement. Ultimately, a settlement was successfully reached before trial. Although the compensation amount was slightly lower than initially hoped, the client was deeply moved knowing that the legal aid counsels had "given their all". Seeing the smiles on the faces of those they help, the legal aid team is reminded of the profound meaning and value of their work.

Legal Aid: Never Limited to Legal Provisions and Procedures

The Legal Aid Department provides legal representation for approximately 80-90% of criminal trials in Hong Kong's District Courts and the High Court, ensuring that the principle of "presumption of innocence" is genuinely fulfilled, allowing defendants facing financial difficulties to receive a fair trial.

The appreciation cards from applicants to the Legal Aid Department, Photo by Bastille Post

The appreciation painting from an applicant to the Legal Aid Department, Photo by Bastille Post

Nevertheless, legal aid is never limited to legal provisions and procedures. Ms. Chan stated that legal aid services often serve as a strength supporting the vulnerable in rebuilding their lives. She recalled witnessing a lady who had long suffered from domestic violence, step out of the shadows and start a new life with the help of lawyers. Another case involved a retiree who fell off and got injured in a supermarket. When negotiating compensation with the insurance company, he received only an "insulting" offer and was even suspected of "taking advantage". Feeling resentful, he applied for legal aid to fight for fair compensation. In the end, he regained not only fair compensation, but also his "dignity".

Free Consultation Services from the Legal Aid Department

Ms. Chan reminded the public of making good use of the Legal Aid Department's free consultation services if they have any questions about legal aid, helping them avoid falling into traps. She also reiterated that applying for legal aid does not require engaging a lawyer or intermediary, nor does it require being accompanied to the Legal Aid Department. The Department has staff on hand to answer questions from the public or the recipients of assistance.

The Legal Aid Department

The Legal Aid Department, Photo by Bastille Post

The Department would have staff on hand to answer questions from the public or the recipients of assistance. Photo by Bastille Post

Address: 9/F & 24/F to 27/F, Queensway Government Offices, 66 Queensway, Hong Kong

24-hour Hotline: 2537 7677

CHEYENNE, Wyo. (AP) — Gerry Spence, the fringe jacket-wearing trial lawyer from Wyoming known for a string of major court wins starting with a multimillion-dollar judgment against a plutonium processor in the landmark Karen Silkwood case, has died.

Spence, 96, died late Wednesday surrounded by family at his home in Montecito, California, according to a family statement.

“We are proud of his legacy and his contributions to the world, but most importantly, we are proud to be part of the family he built with love. We feel this loss deeply and we will carry him with us always,” read the statement from granddaughter Tara Spence McClatchey.

Spence dedicated his life to fighting for the rights and freedom of ordinary people, colleague Joseph H. Low IV said in a statement.

“No lawyer has done as much to free the people of this country from the slavery of its new corporate masters,” said Low, vice president and chief instructor at the Gerry Spence Method school for trial lawyers.

A polished raconteur with a gravelly voice whose trademark suede fringe jacket advertised his Wyoming roots, Spence was once among the nation's most recognizable trial attorneys.

He achieved fame in 1979 with a $10.5 million verdict against Oklahoma City-based Kerr-McGee on behalf of the estate of Silkwood, a nuclear worker tainted with plutonium who died in a car wreck a week later. Silkwood's father accused the company of negligently handling the plutonium that contaminated his daughter.

An appeals court reversed the verdict and the two sides later agreed to an out-of-court settlement of $1.3 million.

The events became the basis for the 1983 movie “Silkwood” starring Meryl Streep.

Spence successfully defended former Philippines first lady Imelda Marcos against federal racketeering and fraud charges in 1990.

And he won acquittal for Randy Weaver, charged with murder and other counts for a 1992 shootout with federal agents at Ruby Ridge, Idaho, that killed an FBI agent as well as Weaver’s wife and 14-year-old son.

Spence led the Spence Law Firm in Jackson, Wyoming, and founded the Trial Lawyers College, now called the Gerry Spence Method. The retreat at Thunderhead Ranch in Dubois, Wyoming, helps attorneys hone their courtroom skills.

He wrote more than a dozen books, including the bestselling “How to Argue and Win Every Time.” He made frequent television appearances on legal matters.

Spence and his wife, Imaging, divided their time between Wyoming and California before selling their place in Jackson Hole about four years ago. An artist and poet, Spence continued painting and writing into his final days, according to the family statement.

Gerald Leonard Spence was born Jan. 8, 1929, to Gerald M. and Esther Spence in Laramie. The family scraped by during the Depression by renting out to boarders. Spence’s mother sewed his clothes, often using the hides of elk hunted by his father.

Years later, Imaging Spence sewed his fringe jackets. Spence drew a connection between the two women in his 1996 autobiography, “The Making of a Country Lawyer.”

“Today when people ask why I wear a fringed leather jacket designed and sewn by my own love, Imaging, it is hard for me to explain that the small boy, now a man of serious years, still needs to wear into battle the protective garment of love,” he wrote.

Pivotal in Spence’s young life were the deaths of his little sister and mother. Peggy Spence died of meningitis when he was 4 and his mother took her own life in 1949.

Spence’s father, a chemist, worked a variety of jobs in several states but the family returned to Wyoming. Spence graduated from Laramie High School and after a stint as a sailor, enrolled in the University of Wyoming.

Spence graduated cum laude from the University of Wyoming law school in 1952 but needed two tries to pass the state bar exam.

He began his law career in private practice in Riverton, Wyoming, and was elected Fremont County prosecutor in 1954. In 1962, he ran for the U.S. House of Representatives, losing in the Republican primary.

Spence returned to private practice but said in his memoir he grew discontented with representing insurance companies and “those invisible creatures called corporations.”

Spence received numerous awards and honors, including an honorary doctor of laws degree from the University of Wyoming and a lifetime achievement award from the Consumer Attorneys of California. He was inducted into the American Trial Lawyers Hall of Fame in 2009.

Spence and his first wife, Anna, had four children.

He is survived by his wife of 57 years, LaNelle “Imaging” Spence; brother, Tom Spence; children Kip Spence, Kerry Spence, Kent Spence, Katy Spence, Brents Hawks and Christopher Hawks; 13 grandchildren; and one great-grandchild. He was preceded in death by sisters Peggy and Barbara.

Funeral arrangements were pending.

FILE - Former Philippine First Lady Imelda Marcos and her attorney Gerry Spence arrive at U.S. District Court in New York, March 22, 1990. (AP Photo/David Cantor, File)