The Australian Solicitors Conduct Rules


Task: Describe the Australian Solicitors Conduct Rules?


The Australian lawyers provide legal services to a variety of clientele in a variety of settings. The Australian Solicitor Conduct Rules are applicable to all solicitors, regardless of their involvement with community centres, legal aid groups, private practise, in-house legal counsel, government law, or volunteering. According to the Australian Solicitor Conduct Rules, a solicitor shall never work with or for the advantage of another party who is being represented by or paid by an insurer in the solicitor's knowledge, unless both the party and the insurer have indicated their willingness to do so. All Australian solicitors must abide by these regulations in order to practise their profession. All Australian states and territories have accepted the guidelines to guarantee that all Australian solicitors are committed to and bound by a common set of professional duties and ethical standards when working with clients, courts, other attorneys, regulators, and other connected parties. The goal of introducing these regulations is to help the acting solicitor perform to the best of their ability within a regulated environment. These regulations are written in a way that makes it easy to determine whether a lawyer has participated in improper behaviour or professional misconduct. The Australian Solicitors' Conduct Rules were initially resolved by the Law Council in June 2011. In March 2015 and April 2015, the Law Council of Australia accepted a number of minor modifications to the rules. Any violation of the regulations by a solicitor may be considered professional misconduct or unsatisfactory professional misconduct. However, the appropriate regulating authority may decide to discipline the solicitor in response to this; no other party may impose them (Doulman Vs ACT Electronic Solutions Pty limited & Anor, 2011). If any common law or law prescribes higher criteria than these regulations, a solicitor is required to follow them. Similar to this, if a rule has higher requirements than the common law or legislation, it needs to be compiled. The acting solicitor must be aware of these additional regulations.

A counsel has a fundamental obligation to the Court and the government, according to Rule 3. Additionally, the rule states that if there is any inconsistency, the duty extends to the extent of that inconsistency. Although Rule 4 stipulates the core ethical obligations of a solicitor. According to Rule 4.1, the lawyer must act in the client's best interests because the client is being represented by the lawyer. When responding to inquiries about the legal profession, the solicitor must maintain their integrity and politeness. The solicitor should offer knowledgeable and thorough legal services. These services should, however, be provided as quickly as is practical given the situation. While Rule 4.1.4 states that a solicitor may not participate into any agreement that jeopardises their professional independence and integrity. According to Rule 4.1.5, solicitors are required to abide by all applicable laws and regulations (Bufalo Corporation Pty Ltd Vs Lend Lease Primelife Ltd. 2010).The relationships between a solicitor and their clients are outlined in Rules 7 to 16. Communication of advice, client instructions, confidentiality, conflicts with current clients or former clients, conflicts with a solicitor's own interests, completion or termination of the engagement, client documents, liens over crucial documents, and charging for document storage are a few examples of these. A solicitor is required by Rule 8 to abide by the client's legal, competent, and appropriate directions. According to the common law presumption, every adult has the capacity to make an independent decision, excepting cases of old age, mental disability, suspicion of fraud, having the power to exert undue influence, incapacity, or situations in which the client is unable to communicate. The presumption of legal ability must exist in the client, and the lawyers must be persuadably convinced that the client is mentally capable of giving the instructions. The lawyer shall refuse to represent a client whose mental health the lawyer finds to be unsatisfactory. The issue of incompetence and the solicitor's liability under negligence will arise in the event of any failure or carelessness on the side of the solicitor (Walker Vs. D'Alessandro, 2010). In accordance with Rule 9.2.3, a solicitor who is uncertain about a client's ability to give suitable directions or a response in a certain circumstance may seek confidential guidance on the ethical or legal duty of the solicitor.