3. Paramount duty to the court and the administration of justice

    1. A solicitor’s duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty.

Guidance statements

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.

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.

This Guidance Statement is concerned specifically with ‘limited scope representation' in the dispute resolution context.

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.

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 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 raises the ethical issues practitioners should consider when engaging in social media.

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.