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.

No 1. UndertakingsNo 20. Employing immediate family members of judicial officers
No 2. Ongoing Costs DisclosureNo 21. Sexual Harassment in the Workplace
No 3. Paying Referral Fees and Rule 12.4.4 Australian Solicitor Conduct Rules 2012No 22. Dealing with inappropriate judicial conduct in the courtroom
No 4. Receiving Referral Fees and Rule 12.4.3 Australian Solicitor Conduct Rules 2012No 23. Acting for Family and Friends
No 5. Witnessing Enduring Powers of AttorneyNo 24. Ethical considerations on the use of social media and law practice websites
No 6. Form of Delivery for Client DocumentsNo 25. Professional Standards when Appearing in Court Remotely
No 7. Limited scope representation in dispute resolutionNo 26. Multi-disciplinary practices - CLCs
No 8. Termination of a retainerNo 27. Second opinions
No 9. Dealing with Self-represented LitigantsNo 28. Applying the 'no contact rules' when the other party is an individual
No 10. Power of attorney (solicitor attorney remuneration)No 29. Applying the 'no contact rules' when the other party is an organisation
No 11. Financial reporting, proceeds of crime compliance and Anti-Money Laundering (Withdrawn)No 30. Transfer of files
No 12. Conflicts of Interest in Criminal and Crime & Corruption Commission ProceedingsNo 31. Courtesy in communications
No 13. Proceeds of crime compliance and Anti-Money LaunderingNo 32. Solicitors commenting to the media
No 14. Financial reportingNo 33. Acting for insured and insurers
No 15. In-house counsel - practising certificatesNo 34. Communicating with the court - notifying opponents
No 16. SupervisionNo 35. Work experience and internships
No 17. Conflicts of Interest in Work Health Safety InvestigationsNo 36. Pro Bono legal work
No 18. Inadvertent disclosureNo 37. Artificial Intelligence in Legal Practice
No 19. Government Lawyers: Independence and PrivilegeNo. 38­ Disclosure of third party relationships

31-38 of 38 items

No.08 Termination of a retainer

31/08/2017

When is a client or solicitor entitled to terminate a retainer? How should a retainer be terminated? What are the duties of the solicitor on termination of a retainer? *Updated 18 July 2023

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 them or retain a copy of the documents? *Updated 16 June 2023

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. * Updated 8 June 2023

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). *Updated 1 March 2024

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. *Updated 28 March 2023

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