Relations with other persons
This section contains Rules 30, 31, 32, 33, 34 and 35.
30. Another solicitor or other person's error
- A solicitor must not take unfair advantage of the obvious error of another solicitor or other person, if to do so would obtain for a client a benefit which has no supportable foundation in law or fact.
35. Contracting with third parties
- If a solicitor instructs a third party on behalf of the client, and the solicitor is not intending to accept personal liability for payment of the third party’s fees, the solicitor must advise the third party in advance.
34. Dealing with other persons
- A solicitor must not in any action or communication associated with representing a client:
- make any statement to another person:
- which grossly exceeds the legitimate assertion of the rights or entitlements of the solicitor's client, and
- which misleads or intimidates the other person,
- threaten the institution of a criminal or disciplinary complaint against the other person if a civil liability to the solicitor's client is not satisfied; or
- use tactics that go beyond legitimate advocacy and which are primarily designed to embarrass or frustrate another person.
- make any statement to another person:
- In the conduct or promotion of a solicitor's practice, the solicitor must not seek instructions for the provision of legal services in a manner likely to oppress or harass a person who, by reason of some recent trauma or injury, or other circumstances, is, or might reasonably be expected to be, at a significant disadvantage in dealing with the solicitor at the time when the instructions are sought.
31. Inadvertent disclosure
- Unless otherwise permitted or compelled by law, a solicitor to whom material known or reasonably suspected to be confidential is disclosed by another solicitor, or by some other person and who is aware that the disclosure was inadvertent must not use the material and must:
- return, destroy or delete the material (as appropriate) immediately upon becoming aware that disclosure was inadvertent; and
- notify the other solicitor or the other person of the disclosure and the steps taken to prevent inappropriate misuse of the material.
- A solicitor who reads part or all of the confidential material before becoming aware of its confidential status must:
- not disclose or use the material, unless otherwise permitted or compelled by law,
- notify the opposing solicitor or the other person immediately, and
- not read any more of the material.
- If a solicitor is instructed by a client to read confidential material received in error, the solicitor must refuse to do so.
32. Unfounded allegations
- A solicitor must not make an allegation against another Australian legal practitioner of unsatisfactory professional conduct or professional misconduct unless the allegation is made bona fide and the solicitor believes on reasonable grounds that available material by which the allegation could be supported provides a proper basis for it.
33. Communication with another solicitor's client
- In representing a client, a solicitor shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another practitioner unless:
- the other practitioner has previously consented;
- the solicitor believes on reasonable grounds that:
- the circumstances are so urgent as to require the solicitor to do so; and
- the substance of the communication would not be unfair to the opponent’s client;
- the communication is solely to enquire whether the other party or parties to a matter are represented and, if so, by whom; or
- there is notice of the solicitor’s intention to communicate with the other party or parties, but the other practitioner has failed, after a reasonable time, to reply and there is a reasonable basis for proceeding with communication.