34. Dealing with other persons
- A solicitor must not in any action or communication associated with representing a client:
- make any statement 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 criminal or disciplinary proceedings 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.
- 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.
Guidance statements
This Guidance Statement raises the ethical issues practitioners should consider when engaging in social media.
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.