Guidance Statements

Council of the Queensland Law Society has directed that a series of Guidance Statements be published. They are a continuation of the obligation of the Profession to set its own standards of conduct. 

Queensland Law Society's Guidance Statements set out the Society's position in respect to specific subjects. Each Statement outlines a solicitor's ethical obligations in that particular subject area.

The Society would like to acknowledge the contribution of the Ethics Committee and Guidance Statement Sub-Committee in the drafting of these Guidance Statements.

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No.06 Form of Delivery for Client Documents

28/09/2016

If a law practice has an obligation to provide or return ‘client documents’ to a client at the completion or termination of the law practice’s engagement: In what form should those documents be provided (particularly if the documents are in electronic form)? Is the law practice permitted to charge for providing them? Is the law practice permitted to retain a copy of the documents?

No.05 Witnessing Enduring Powers of Attorney

02/11/2015

Challenges frequently arise for solicitors who receive instructions to witness an Enduring Power of Attorney (‘EPA’) in circumstances where there are doubts or questions about the person’s capacity. The considerations relevant to the witnessing of an EPA are different to those relevant to witnessing a will. This Guidance Statement identifies those considerations.

No.02 Ongoing Costs Disclosure

05/05/2015

This Guidance Statement addresses the obligation to make ongoing costs disclosure as required by s 315 of the Legal Profession Act 2007 (the Act). *Revised 25 July 2017

No.01 Undertakings

27/02/2015

The purpose of this Guidance Statement is to outline the ethical principles and issues, based on the Rule and the common law, which solicitors should think about in the context of giving an undertaking.

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