llbpcll 2014-4-5 21:36
我當年揾TC時,簽左第一間firm 既contract(間firm 既contract, 唔係交上law soc個張,亦無係第一間做過), 兩個月後我揾到第二間firm, 然後reject 第一間,而家向第二間做緊青衣,我點知當時第一間有冇跟law soc 指引report 我,呢樣野會唔會影響我遲d admit, 譬如第一間firm 可以反對我admit. Thanks.
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jimbo86 2014-4-6 00:50
so how many yrs ago?
u can just go apply for lic now and see what happened.
did u told the first firm that u no go?
or just blacked off.
i hope is not latter.
Being a professional , integrity is paramount.
Plus when dealing with colleagues.
U make up the bed u slept in lor, good luck buddy.
if u sleep with dogs u wake up with fleas too.
=aTc317=
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llbpcll 2014-4-6 19:38
It's 2 years ago. I notified the first firm of my failure to take up the post that time. If I successfully registered my tc in the first year, does it mean the first firm did not report me? Can they suddenly come out and object my admission?
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lucasbox
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wilzon 2014-4-9 18:36
Generally speaking as you have already told the 1st firm that you were not going
It is very unlikely that they will make any report
Reporting usually take place after you report duty
yiyiallall 2014-4-10 20:22
[quote]原帖由 [i]wilzon[/i] 於 2014-4-9 06:36 PM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385369332&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
Generally speaking as you have already told the 1st firm that you were not going
It is very unlikely that they will make any report
Reporting usually take place after you report duty [/quote]
I would say "depends which firm". Never say never. Reported cases show that some firms did try to destroy the NQ's career just for fun. Of course in llbpcll's case, i seriously doubt whether the 1st firm's complaint would have any bearing on the admission application.
linkedin 2014-4-12 12:38
我想知道口頭承諾但係未簽約係law society角度算唔算accept左個TC offer
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yiyiallall 2014-4-12 13:18
[quote]原帖由 [i]linkedin[/i] 於 2014-4-12 12:38 PM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385571861&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
我想知道口頭承諾但係未簽約係law society角度算唔算accept左個TC offer
[img]http://i.discuss.com.hk/d/images/r10/iphoneD.jpg[/img] [/quote]
Very unusual to make
[align=center]口頭承諾. Either you attend the firm to sign the contract or you dont.[/align]
linkedin 2014-4-12 13:30
幫人問:如果有firm話出offer比你,但係好harsh要你在幾日內決定係咪簽佢約,可唔可以口頭上應承上佢office簽住先,口頭上應承咁係咪已經constitute an acceptance..但最起碼都未簽
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yiyiallall 2014-4-14 15:52
[quote]原帖由 [i]linkedin[/i] 於 2014-4-12 01:30 PM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385575702&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
幫人問:如果有firm話出offer比你,但係好harsh要你在幾日內決定係咪簽佢約,可唔可以口頭上應承上佢office簽住先,口頭上應承咁係咪已經constitute an acceptance..但最起碼都未簽
[url=http://i.discuss.com.hk/d]http://i.discuss.com.hk/d[/url] ... [/quote]
呢d野你地自己圍內傾就算吧,
你post上來公眾論壇叫律師教你,就唔係咁恰當啦
jimbo86 2014-4-15 01:24
if u are soon to be a lawyer and u cannot figure out verbal vs written contract, then u will have a lot of problems later on, even if u can get thru this time.
then u cant blame those principals who tried to put more nails into your coffins.
if u only look at your own advantage without looking at your opponents, how can u win very far at all?
[quote]原帖由 [i]linkedin[/i] 於 2014-4-12 01:30 PM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385575702&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
幫人問:如果有firm話出offer比你,但係好harsh要你在幾日內決定係咪簽佢約,可唔可以口頭上應承上佢office簽住先,口頭上應承咁係咪已經constitute an acceptance..但最起碼都未簽
[url=http://i.discuss.com.hk/d]http://i.discuss.com.hk/d[/url] ... [/quote]
sealion33
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linkedin 2014-4-15 08:53
I mean in practical sense , not in legal sense
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kingme 2014-4-15 11:29
法律幾時都係留返上法庭講...如果你個法庭受理你講...同埋你講咗仲會聽同考慮...同埋考慮完冇上頭反對仲會接受...
呢啲就係識法律同識做人嘅分別...
sealion33
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jimbo86 2014-4-15 12:12
i guess u have some idea to argue in court and win too.
good for u.
but u need to be able to demarcate as strict liability and absolute liability.
when u agree in verbal with principal u can decide what it meant.
I know some law but not expert enough to say u are right or wong. We`also need to hear the side from the principal.
[quote]原帖由 [i]linkedin[/i] 於 2014-4-15 08:53 AM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385789283&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
I mean in practical sense , not in legal sense
[img]http://i.discuss.com.hk/d/images/r10/iphoneD.jpg[/img] [/quote]
linkedin 2014-4-15 21:39
[quote]原帖由 [i]kingme[/i] 於 2014-4-15 11:29 AM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385797967&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
法律幾時都係留返上法庭講...如果你個法庭受理你講...同埋你講咗仲會聽同考慮...同埋考慮完冇上頭反對仲會接受...
呢啲就係識法律同識做人嘅分別... [/quote]
I am not asking the legal point of view, ie. how court will decide the issue. Narrow down the scope: without having the ultimate TC signed, can the law firm have a strong case to report to the law society by raising "breaching professional conduct" of the offeree? How about merely an oral agreement to sign the training contract but haven't yet signed?
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linkedin 2014-4-15 21:47
The normal way for firm to confirm offers is by formal signature (written contractual agreement) I doubt if the oral acceptance of offers by contract law come into play for employment issue
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jimbo86 2014-4-16 01:37
he very simple q. is
what did u tell the boss and agreeded on when u leave?
u agreed to work in certain date?
u have to think of the offer?
u said no. and that wasn't being discussed.
if u have answered the 1st one then u are committed, means u agreed it is as effective as a written contract.
the 2nd one u can say no in a day or so.
this is the concern as both sealion and I find the problem lies.
kingme 2014-4-16 06:44
[quote]原帖由 [i]linkedin[/i] 於 2014-4-15 09:47 PM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385840946&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
The normal way for firm to confirm offers is by formal signature (written contractual agreement) I doubt if the oral acceptance of offers by contract law come into play for employment issue
htt ... [/quote]
If you are going to argue that...then what about equity?
sealion33
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sealion33
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sealion33
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sealion33
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jimbo86 2014-4-16 11:23
I doubt if the oral acceptance of offers by contract law come into play for employment issue
I really don't know how u get thru law of contract,
infact there were a few oral contracts were being won in court, the judge accepted oral as good as signed on the dotted line.
[url]http://casebrief.wikia.com/wiki/Saint_John_Tug_Boat_Co_Ltd.._v_Irving_Refining_Ltd.[/url]
halfwaythere 2014-4-17 00:27
Wah nei d law ho cha
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linkedin 2014-4-17 00:53
I of course know oral acceptance of offer. what I mean employment contract may differ from sales and purchase agreement is that the employers rarely sue the offeree for revoking offer through courts. I think from the standpoint of an employer, it is not cost effective to do so, especially without a signed written contract which requires employer to find out further evidence to prove and the offeree is just a student without much employer interest to get compensated from. I just want to discuss from a practical point of view, not in a legal sense. But under the new rules of law society, the employers have granted with absolute power to exploit the trainee solicitors anyway..law society will more likely believe the version of argument by employers
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linkedin 2014-4-17 00:58
[quote]原帖由 [i]sealion33[/i] 於 2014-4-16 10:10 AM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=385875982&ptid=23128434][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
In fact, if that's what you think, I am very concerned about your future as a lawyer because you don't seem to know the law very well?
[/quote]
I am not saying in legal sense that the concept of oral acceptance does not apply in employment context. But I am thinking in reality how many employers are willing to spend such time and effort in proving breach from a TC seeker, who is a school graduate with little economic interest? I know some firms may be crazy in making revenge though
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sealion33
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