Ethics Reminder: Alternative Dispute Resolution
15 October 2019
Solicitors when representing clients should make a client aware of the alternatives to litigation (this allows a client to make an informed choice). Unless, the solicitor has reasonable grounds to believe a client is aware of the alternative forms to resolve disputes, the solicitor should as a matter of course ensure that this is part of his or her advice to the clients: Rule 7.2 Australian Solicitors Conduct Rules 2012. This rule shifts focus away from litigation by ensuring that an otherwise unware client makes informed choices on alternatives to the fully contested adjudication of cases.
Director, QLS Ethics and Practice Centre