4. Other fundamental ethical duties

    1. A solicitor must also:
      1. act in the best interests of a client in any matter in which the solicitor represents the client;
      2. be honest and courteous in all dealings in the course of legal practice;
      3. deliver legal services competently, diligently and as promptly as reasonably possible;
      4. avoid any compromise to their integrity and professional independence; and
      5. comply with these Rules and the law.

Guidance statements

This guidance statement looks at the ethical issues practitioners should consider when acting for or on behalf of an insured on the instructions of an insurer.

It is important to be aware of your ethical obligations when being asked to provide a ‘second opinion’ by a client of another solicitor.

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

This Guidance Statement identifies the ethical and other issues to consider where a solicitor proposes to pay or give a financial benefit to a third party for the referral of a client to the solicitor. *Updated 18 July 2023

This Guidance Statement identifies the ethical and other issues to consider where a third party offers to pay a solicitor a financial benefit (be it commission, referral fee, benefit in kind or any form of financial or non- financial remuneration) for the referral of a client to a third party. *Updated 27 July 2023

This Guidance Statement is concerned specifically with ‘limited scope representation' in the dispute resolution context. *Updated 15 April 2024

This Guidance Statement outlines the ethical positions and principles which solicitors should be aware of when dealing with SRLs, as well as to provide suggested approaches to some commonly encountered issues. *Updated 18 September 2023

This Guidance Statement considers the requirements for in-house counsel in relation to their practising certificates.

This Guidance Statement seeks to provide some strategies for properly identifying and dealing with this type of behaviour in a manner consistent with a solicitor’s ethical obligations.

This Guidance Statement outlines some of the issues solicitors should consider if they are asked to act for family or close friends.

This guidance statement outlines what practitioners should consider in relation to work experience and internships.

Practitioners are reminded that the highest standards of professionalism continue when appearing before the court remotely. This Guidance Statement outlines what solicitors should consider when doing so.

The purpose of this Guidance Statement is to outline the ethical issues that practitioners should consider if they wish to comment on their client’s matter to the media under the Australian Solicitors Conduct Rules 2012 (‘ASCR’) and the common law.

This Guidance Statement outlines the fundamental duty of honesty and courtesy in communications with colleagues and provides guidance on how to respond to discourtesy.

Practice tips

This Guidance Statement outlines the ethical considerations, duties, and responsibilities associated with undertaking pro bono legal work.