Law practice management

This section contains Rules 36, 37, 38, 39, 40, 41, 42, and 43.
36. Advertising
    1. A solicitor or principal of a law practice must ensure that any advertising, marketing, or promotion in connection with the solicitor or law practice is not:
      1. false;
      2. misleading or deceptive or likely to mislead or deceive;
      3. offensive; or
      4. prohibited by law.
    2. A solicitor must not convey a false, misleading or deceptive impression of specialist expertise and must not advertise or authorise advertising in a manner that uses the words “accredited specialist” or a derivative of those words (including post-nominals), unless the solicitor is a specialist accredited by the relevant professional body.
37. Supervision of legal services
38. Returning judicial officers
    1. A solicitor who is a former judicial officer must not appear in:
      1. any court if the solicitor has been a member thereof or presided therein; or
      2. any court from which appeals to any court of which the solicitor was formerly a member may be made or brought,

for a period of two years after ceasing to hold that office unless permitted by the relevant court.

39. Sharing premises
    1. Where a solicitor or law practice shares an office with any other entity or business engaged in another calling, and a client is receiving services concurrently from both the law practice and the other entity, the solicitor, or law practice (as the case requires) must take all reasonable steps to ensure that the client is clearly informed about the nature and the terms of the services being provided to the client by the law practice, including (if applicable) that the services provided by the other entity are not provided by the law practice.
40. Sharing receipts
    1. A solicitor must not, in relation to the conduct of the solicitor’s practice, or the delivery of legal services, share, or enter into any arrangement for the sharing of, the receipts arising from the provision of legal services by the solicitor, with:
      1. any disqualified person; or
      2. any person convicted of an indictable offence that involved dishonest conduct, whether or not a conviction was recorded.
41. Mortgage financing and managed investments
    1. A solicitor must not conduct a managed investment scheme or engage in mortgage financing as part of their law practice, except under a scheme administered by the relevant professional body and where no claim may be made against a fidelity fund.
42. Anti-discrimination and harassment
    1. A solicitor must not in the course of practice, engage in conduct which constitutes:
      1. discrimination;
      2. sexual harassment; or
      3. workplace bullying.
43. Dealing with the regulatory authority
    1. Subject only to his or her duty to the client, a solicitor must be open and frank in his or her dealings with a regulatory authority.
    2. A solicitor must respond within a reasonable time and in any event within 14 days (or such extended time as the regulatory authority may allow) to any requirement of the regulatory authority for comments or information in relation to the solicitor’s conduct or professional behaviour in the course of the regulatory authority investigating conduct which may be unsatisfactory professional conduct or professional misconduct and in doing so the solicitor must furnish in writing a full and accurate account of his or her conduct in relation to the matter.