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Australian Solicitor Conduct Rules

Question :

There are several rules and conducts which are made by the government to be followed by the solicitors of any country. The rules and conducts made by the Australian government to be followed by the solicitors of the Australia is commonly known as “Australian solicitor conduct Rules” which was adopted in year 2011. There are many rules and conducts provided in this which governs the behaviour of a solicitor.

  • What do you mean by Australian solicitors Conduct Rules?
  • What are various Purposes of making rules and conducts for the solicitors?
  • What all duties and responsibilities are obligatory under “Australian solicitors Conduct Rules”?
Answer :

Australian Solicitor Conduct Rules

The Australian solicitors Conduct Rules were adopted on 25th July 2011 by the law society council of South Australia. These rules are made to be adopted by every solicitors within Australia. The adoption of this will conclude that all solicitors are bound by the common professional conduct set while they are dealing with other solicitors, clients, courts, etc. All the rules under this are applicable on every Solicitor of Australia and also on those foreigners who are registered as Australian Lawyer.

The main purpose for creating these rules is help lawyers and give them guideline on how to act ethically and with accordance to the code of conduct provided by the law. These rules helps in determining the conduct of solicitors. Breach of any of the rules mentioned will give rise to strict action for professional misconduct by a solicitor. Only regulatory authorities are entitled to take actions against solicitors, not any third party is involved in the same.

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Solicitors have paramount duty towards the court and administration of the justice. This duty of solicitor will always be prevalent to any other duty. There are many other duties which a solicitor is bound with under this rule. They are:

  • Solicitors must always act in the best interest of their clients.
  • While dealing with any matter they must be honest and courteous.
  • They must deliver all their legal services very promptly and diligently.
  • They should not compromise with their integrity.
  • All solicitors must apply to all the rules of the law.

A solicitor must always abide by all the rules mentioned. Personal behaviour will also impact the reputation and image of a solicitor. They should not indulge themselves in any activity which could raise any question against them.

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A solicitor must always take into consideration their relationship with their clients.. They must provide clear advice and make their clients understand all the legal issues involved in a particular case. He must also communicate the action he is planning to take on those legal issues raised. He must always keep the transparency and share all the relevant information to the client. He must also tell them about his alternate plans if he had any. It is responsibility of a solicitor to always make sure that he has gathered all the information from the client. Solicitor must also follow clients instructions on the legal issues or case. He must also maintain the confidentiality of all the personal information provided by their client. Solicitor must not disclose any information which could hamper the image or reputation of their client unless and until necessary and asked by the court.

A solicitor must complete all his responsibilities towards his clients which are delegated upon him. He must ensure that all the legal services are rendered properly. Termination of this duty can only be possible if client himself has agreed for it or it comes to an end by operation of the law. A solicitor must keep in mind that all the documents must be kept safely and returned back to the client unless needed. It is also one of the duty to be open and frank about all the dealing related to the case of clients with the regulatory authorities.

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In advocacy and litigation, it is important that solicitor do not breach his duty towards clients. He must not be informal while appearing at the court and must maintain the decorum of the court. All solicitors must make sure that they are not misleading or deceiving court. Relations with other solicitors should also be maintained. Even if any allegations or other charges are imposed upon some other solicitor, they must not mislead others until they are proven true. They must maintain the secrecy of their clients with other solicitors and also they should not indulge themselves in any conversation with the client of opposite solicitor. A solicitor must not engage them into any illegal and offensive practices or conducts which are not ethical, like: discrimination, bullying, sexual harassment, etc.

Any misleading advertisement which is false, offensive, misleading or prohibited by the law, must not be posted by a solicitor. They should make sure that they should not do any such act which is illegally wrong and against their professional ethics. As it is the responsibility of solicitors to supervise legal services.

These laws provides with what an advocate must do and what he must not do. Duties and responsibilities of the solicitors are also given with respect to their clients, other solicitors, the court and people related. As it is said that a solicitor helps in providing justice to the people who seeks help. So it is very important to maintain the professional and ethical conduct and not to commit any act which could case injustice to other.

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