33. Communication with another solicitor's client
- A solicitor must not deal directly with the client or clients of 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 dealing would not be unfair to the opponent’s client;
- the substance of the dealing 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 contact.
It is important to be aware of your ethical obligations when being asked to provide a ‘second opinion’ by a client of another solicitor.
This Guidance Statement considers some of the ethical issues when applying the ‘no contact rule’ to an opposing client who is an individual.
This Guidance Statement considers some of the ethical issues when applying the ‘no contact rule’ to an opposing client who is an organisation.
This Guidance Statement raises the ethical issues practitioners should consider when engaging in social media.
This Guidance Statement provides assistance to solicitors in complying with their ethical duties when dealing with the transfer of files to another practitioner or their client.