An evaluation report on the performance and/or conduct of assigned counsel or solicitors is compiled under the following circumstances:

(a)	where the performance or conduct of counsel or solicitors is considered unsatisfactory, e.g. failure to comply with the provisions of the Legal Aid Ordinance, professional misconduct; or
(b)	where cases handled by counsel or solicitors on the Record of Unsatisfactory Performance/Conduct ("the Record") are concluded; or
(c)	where counsel or solicitors who have not done any legal aid work before complete the first case assigned.

Where there is prima facie case of unsatisfactory performance/conduct, the assigned counsel or solicitors in question will be given an opportunity to make representations before the matter is reported to the Departmental Monitoring Committee which is chaired by the Director and comprises of directorate officers and a representative from the ICAC. If, having considered the unsatisfactory performance report, the Departmental Monitoring Committee intends to place a counsel or solicitor on the Record or to remove him or her from the Legal Aid Panel, the counsel or solicitor concerned will be given notice of such intention and an opportunity to make further representations.

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