Lawyers employed by government and quasi-government organisations often find themselves in roles which mix legal and non-legal work (such as governance and risk management), or have them reporting to non-lawyers and being asked to do non-traditional legal roles. This guidance statement assists in ascertaining their ethical duties in these different roles.
The purpose of this Guidance Statement is to outline what a practitioner should do if they inadvertently receive confidential information from another solicitor or a third party under the Australian Solicitors Conduct Rules 2012 (‘ASCR’) and the common law.
This Guidance Statement considers conflicts of interest regarding the representation of multiple employees, at different positions within a company’s chain of responsibility, in Work Health and Safety investigations and the ethical obligations that arise when employees are compelled to participate in interviews under the Work Health Safety Act 2011 (Qld)
The purpose of this Guidance Statement is to outline what is considered to be ‘reasonable supervision’ under the Australian Solicitors Conduct Rules 2012 (‘ASCR’) and the common law.
This Guidance Statement considers the requirements for in-house counsel in relation to their practising certificates.
When receiving cash from clients, solicitors and law practices need to be aware of their ethical obligations and those under Commonwealth Financial Reporting legislation.
When receiving funds from clients, especially in cash or where there may be doubt as to whether the source of the funds are legitimate, solicitors and law practices need to be aware of their ethical obligations and those under anti-money laundering and proceeds of crime legislation.
This Guidance Statement considers conflicts of interest regarding multiple co-accused in criminal proceedings.
Guidance Statement No. 11 - Financial reporting, proceeds of crime compliance and Anti-Money Laundering issued on 23 February 2018 has been withdrawn and re-issued as two separate guidance statements in GS 13 and 14.
This Guidance Statement seeks to address an attorney's right to remuneration and conflicts that arise when acting as both a solicitor and an attorney.