Cheng Po Pui v. Messrs Kitty So & Tong

DCEC000715/2001

DCEC715/2001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 715 OF 2001

Coram: H H Judge Carlson in Chambers

Date of Ruling: 30 September 2003

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R U L I N G

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1.This is an application by the Applicant's solicitors, Messrs Kitty So & Tong, to cease to act. The reasons for the application appear in an affirmation of Miss Cilla Ng, the solicitor who has the conduct of this matter on behalf of the Applicant, and it is clear from her affirmation that the relationship between herself and her firm and the Applicant has completely broken down.

2.Firstly, it is said that she has failed to cooperate in giving reasonable and proper instructions despite repeated requests that she should do so. She has demonstrated hostility; there have been bad-tempered confrontations between her and the solicitors and she will not accept their advice that there is simply no merit in her application for employees' compensation.

3.All of this has been explained to the Applicant, Madam Cheng, but she does not accept any of this, and on more than one occasion in the course of today's enquiry she has said that what appears in Ms Ng's affirmation is simply not true; that Ms Ng is not telling me the truth.

4.I have considered this matter with care. A firm of solicitors, of course, cannot readily pick and choose their clients. Some of them are obviously going to be easier to get on with than others and it is not enough to say, "Well, we don't get on, she's a difficult client," that would not usually be sufficient reason to allow a solicitor to withdraw from a case. We would all like easy clients who take advice and who give instructions on particular matters as soon as they are asked to provide information, but part and parcel of a solicitor's practice is to have to deal with the less easy individuals who come through their doors and ask for their assistance.

5.But I think in this case it really does go beyond that. It is intolerable for a solicitor to have to continue on behalf of a client when the client is saying that the solicitor is not telling the truth in her affirmation as to the nature of their relationship. It is not necessary for me to decide who is telling the truth about this matter, but where the client is accusing the solicitor of not telling the truth on something as fundamental and as important as that, I simply cannot see how a solicitor could continue to act for such a client.

6.Ultimately there must be a bond of trust and confidence between client and solicitor so that at least they can maintain a reasonably civil working relationship, and this is not happening here. Accordingly, I am going to give the firm of Kitty So & Tong leave to withdraw from this matter as from today.

(Discussion re costs)

7.No order as to costs.

Representation:

Present: Ms C Ng, of Messrs Kitty So & Tong, for the Solicitors;

Madam CHENG Po Pui present