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Advertising
Can I distribute advertising flyers around a particular neighbourhood or locality?
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What are the rules about solicitors’ advertising generally?
Whose details can appear on my law practice’s letterhead and business cards?
Consider your social media profile
If I have overseas qualifications but no practising certificate, how can I describe myself?
Can I use client contact details for mail-outs, newsletters and advertising materials?
Poorly considered advertising claims can send your reputation up in a puff of (Carbolic) smoke
Do not feed the trolls: ethics, optics and practicalities of dealing with negative online reviews
Another solicitor or other person's error
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Anti-discrimination and harassment
Discrimination, harassment and bullying
Bullying and Sexual Harassment are ethical issues. Was there ever any doubt?
Charging for document storage
Can I charge for document storage?
Can I bill my client for archiving and file retrieval costs?
Client documents and liens
Can I assert a lien against a former client who has issued a subpoena to produce his or her client file?
Can I assert a lien over a client’s passport?
Can I assert a lien over an original will?
Can I assert a lien over the file of a totally legally-aided client?
Can I destroy client files after 7 years?
I am asserting a lien on a file. The client has asked for documents or information from the file. Do I have to comply?
What if I have a lien but am offered some form of security for my unpaid costs?
Where a client owes money on one matter and asks for the file along with files of other matters do I have a lien on these files?
Who owns the client file where there has been a joint retainer?
Are your costs adequately secured?
Destroying Client Files - Dec 08 Proctor
Destroy, destroying and destruction: what to do when you don’t have written consent to destroy your client’s file?
He who terminates is lost: The limits of the security offered by a solicitor's possessory lien
Mine or yours. Proctor Nov 2011
Safe custody – valuable asset or pain in the posterior?
The subpoena to produce, the former client and the lien
What is meant by ‘reasonable security’ in rule 15.1 ASCR?
Beware of the Leopard: How safe must safe custody be?
Client instructions and capacity
Check if you have authority to act or it may be you paying the costs
Are there any guidelines for witnessing an enduring power of attorney (EPA)?
Assessment of capacity Disciplinary issues and potential liability - Proctor March 2009
Clare Endicott - Client Capacity & Professional Standards - QLS Elder Law Conference 2009
Ford disciplinary report summary - Proctor Nov 08
Guidelines for Witnessing Enduring Documents (Aug 2013)
Lawyers powers of attorney and cheques tips and traps - Proctor Jul 2013
P. Sheehy - Managing family law clients with complex needs - QLS Family Law Residential 2007
I have doubts about my client’s capacity – what should I do?
Ethical Considerations for Duty Lawyers representing Mentally Impaired Persons by Joseph Briggs LAQ
I have received instructions from a third party (e.g. a relative of my client). Can I act for them?
Accepting instructions from joint clients
Check the client has authority to sue
Is an attorney entitled to collect a principal’s original will from your safe custody or to take a copy?
The obligation of disclosure to clients with mental disability
Making due enquiry as to a testator’s testamentary capacity
Ethical duties when instructions received from debt collection or mercantile agents
Does the cab-rank rule apply to solicitors?
Queensland Handbook for Practitioners on Legal Capacity
Clear and Present Instructions
Third-party instructions
Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 – Testamentary capacity
Capacity to make a Will and Enduring Power of Attorney: Issues new and old
Practice Note for Queensland practitioners taking Will and Enduring Power of Attorney Instructions during COVID-19
“No” … can be the most valuable word in a solicitor’s vocabulary
Communication with another solicitor's client
Can I provide a second opinion to a client where another solicitor is currently acting for that client?
What if the other solicitor’s client contacts me to discuss the matter?
What is the rule about communicating with the client of another solicitor?
The inherent jurisdiction to restrain a lawyer from continuing to act in a matter
Communication with opponents
Communication with the Court
Off the Record, or off your rocker?
To Cc or Bcc, that is the question – email, etiquette and ethics
Self-represented Litigants: Guidelines for solicitors
Judicial independence – communication with the court
Completion or termination of engagement
Ethics in Criminal Trials by Peter J Davis SC, Hearsay, Issue 55, April 2012
Be clear as to grounds to terminate a retainer
Confidentiality
I have received a statutory notice requiring me to produce client information or documents. What should I do?
My client has threatened to assault someone, and I think they mean it. What should I do?
What are the exceptions to the duty of confidentiality?
Can I disclose information for the purpose of preventing imminent serious physical harm to my client or another person?
Can impressions be confidential information?
Confidences - a question of succession
Ethics and protection of confidentiality in a digital world
Ethics scenario - Confidentiality, termination of retainer and capacity
Keeping secrets - or not
Loose Lips Sink Ships
Some exceptions to confidentiality
My client has threatened self-harm. What should I do?
Ethical issues when using social media
The extent of the duty of confidentiality
Duties to potential clients
Warning – Google powered voice recognition may have a catastrophic privacy flaw
What is the rule about confidentiality?
Legal Process Outsourcing
Duty to counsel against destruction of documents
Is an Attorney entitled to collect a Principal’s original documents from your safe custody or to obtain a copy?
Can an executor require me to hand over my will instruction file?
Confidentiality, competency and the retainer – an ethical teaser
Is your password weak or compromised?
Closed courts have open ears
WannaCRYpt ransomware – Just the tip of the cyber risk to law firms
Can I keep information from my client for their own good?
Confidentiality – information in the public domain
How should I respond to threats of imminent serious physical harm?
Larke v Nugus – guidance note on disputed wills (contested probate matters)
Cyber security
QLS Cybersecurity Starter Guide
Cybercrime and additional caution re EFTs
Cyber criminals successfully divert Qld Solicitor’s trust transfers
First response checklist for law firms subjected to a cyber incident
Not all Security is Cyber
Is it Ethical (or legal) for law firms to pay cyber-ransom?
Is your email being automatically forwarded to Cybercriminals?
QLS Cybersecurity pilot program
Attacks on law firm data heating up: New threats and some practical tips to defeat them
Scam warning from the President of the Queensland Law Society
QLS Guide: Android security for lawyers
QLS Guide: Cybersecurity risk assessment tool for small law firms
QLS Guide: How to stop cybercriminals stealing your client’s money
QLS Guide: Information security on the road
QLS Guide: iOS (Apple mobile) security for lawyers
QLS Guide: Removable data storage best practice for law firms
Template password policy for law firms
“Free” public Wi-Fi is a cyber criminal’s playground
Smart devices: not-so-smart security
QLS Member free security software offer
How to successfully deploy security software and policies
Dashlane
Multi Factor Authentication - An Implementation Guide
Information security during the COVID-19 crisis
Malware, browser attacks and keyloggers: stealing passwords, banking details and trust funds
Data kidnapping: data leak extortion coming to a law firm near you
Does your firm have an evil twin? Business identity theft
Choosing and using cloud services - A quick reference guide
Cyber essentials insurance briefing (member only content)
Legal Professional Privilege
What documents on my file are privileged?
What is the law on legal professional privilege?
Are your timesheets giving away client secrets?
Disclosure in Family Law Cases - Getting It Right
Disclosure part two: privileged documents
Foreign in-house counsel and legal professional privilege
In-house solicitors – does advice need an independent character?
It’s been a privilege. Or has it?
Legal Professional Privilege: what is it?
The police have a search warrant for the files of one of my clients. What do I do?
What is the rule about who is entitled to inspect and have a copy of the will of a deceased person?
Search Warrants and Statutory Notices to Produce Documents
Checklist for solicitors served with a statutory notice to produce documents
Pre 28 February 2017 - Execution of Search Warrant on Solicitor’s Premises - Queensland Police Procedure
Guidelines effective from 28 February 2017 on Execution of Search Warrants by Queensland Police Services on Solicitors' Offices
Conflict concerning a solicitors own interests
Can I accept a gift from a client?
Executors Commissions paper by Angela Cornford-Scott QLS Symposium March 2010
Solicitor as executor
Acting for friends and family
Conflict of duties concerning current clients
The Honourable Justice Philip McMurdo – QLS Senior Counsellors' Conference 2017 - "Legal Ethics – Recent Appellate Cases"
Has QLS an official position on Collaborative Law?
Information Barrier Guidelines* (‘Chinese Walls’)
Should I act for both a buyer and a seller in a conveyancing transaction?
When duties collide
Multiple clients, divided loyalty - reducing the risks in concurrent representation
Will Instructions – Potential for Conflict
Don’t get caught between the devil and the deep blue sea – when duties collide
Multiple clients: Confidentiality and conflict – does your retainer protect you?
‘Undivided loyalty’ – the perception and the reality
Playing with fire – Multiple client representation
Conflict fail leads to findings of Professional Misconduct
Conflicts concerning former clients
Successive representation - the tension between the duty to protect confidences and the duty to disclose
Can I cross examine a former client?
Conflict resolution steps checklist
Information Barrier Guidelines (LIV & LSNSW) adopted by QLS Council
'Chinese Walls' on the rise
Conflicts in family law proceedings – a more pragmatic test
Mirror wills – what you should consider if one client wishes to engage you after they split?
Confidentiality – migratory lawyers
Costs
Client retainer and Costs Agreement
Costs Disputes
Disclosure
Dealing with other persons
Can I threaten to report another party’s solicitor to the QLS or LSC if they won't reply?
In a civil dispute, can I threaten to report the other party to the police if they don’t comply with my client’s demands?
Can I claim legal costs in a letter of demand?
Sampson case - Proctor Mar 2012
Legitimate advocacy
In a conveyance the parties have agreed to a rebate of the purchase price on settlement. What should I do?
Conveyancing - Misrepresentation of the purchase price
Pay up or I’m Telling!
Civility is the essence of being an advocate and a professional
Dealing with the regulatory authority
Are there steps I can take to reduce the chance of complaints?
How does someone make a complaint about a solicitor?
Can I threaten to report another party’s solicitor to the QLS or LSC if they won't reply?
Practice Support Tip – SuperStream Reprieve
The Complaint Process – Legal Services Commission
Don’t be an Ostrich!
Delinquent or guilty clients
What do I do if my client confesses guilt to me but wants to plead not guilty?
An Ethical Conundrum - Does Rule 30 of the ASCR require a defence lawyer to disclose a clients prior convictions when the prosecution has failed to do so?
What do I do if my client is not guilty but wants to plead guilty?
I have learned that my client has lied when giving evidence before a court. What are my duties?
Dishonest and disreputable conduct
Personal pressures may lead to professional consequences
The Making of a Good Lawyer - R. Mortensen March 2010
Solicitors behaving badly – private disputes, professional consequences
MG Adamson v Queensland Law Society Incorporated [2017] QCAT 355
Duty to the court
What can I do if there is a delay in the delivery of a court judgment?
Access to witnesses and fairness to an opposing party
Address by the Hon. Justice Margaret McMurdo AC to the QLS Senior Counsellors Conference 2013
Can a defence lawyer undertake contact with complainants in criminal matters?
Duty to the Court by Kylie Downes SC, Proctor February 2010
Ethics in the Court Room - J. Baulch SC QLS CLE presentation July 2008
Justice White speech - Legal Profession Dinner 22 February 2013
Misleading statements
Ten tips for better advocacy
The Hon Justice Margaret McMurdo AC - "Lawyers duties: A view from the judiciary"
Dirty laundry online by Stafford Shepherd - Proctor March 2012
The Making of a Good Lawyer - R. Mortensen March 2010 Powerpoints
Deliberative Model
Ethics & the Rule of Law: M. Daubney NQLA Conference June 2007
Model Litigant Proctor Article
Bain (deceased) & Bain (No.3) [2016] FamCA 662
The Hon. Chief Justice Catherine Holmes – Admissions ceremony – 1 August 2016 – 10.30am Session
The Hon. Chief Justice Catherine Holmes - Opening Address to QLS Senior Counsellors' Conference 19 August 2016
Solicitors not to mislead adjudicators
Formality before the court
"Good morning, your Honour" Judge Wall speech from the Central Qld Law Association Conference 2012
Frankness in Court
Interlocutory applications: Duties to court, client & colleague
When you must advocate against your client
Fundamental ethical duties
Competence and Diligence
Courteous dealings
Interests of the client
Extreme weather conditions
Guidance for law practices affected by flooding or extreme weather conditions
Inadvertent disclosure
Inadvertent disclosure and your duty to the administration of justice
What is inadvertent disclosure?
Independence - avoidance of personal bias
Walking the line - when does aggressive advocacy become unprofessional conduct?
Opposition access to witnesses
Can a defence lawyer undertake contact with complainants in criminal matters?
Access to witnesses and fairness to an opposing party
Public comment during current proceedings
Can I talk to the media about one of my cases?
Responsible use of court process and privilege
Supervision of legal services
"I pay you... just get on with it" - Supervising employees for fun and profit
Should restricted practitioners be engaged as contractors?
Admitted but not holding a current practising certificate – what can I sign and call myself?
Queensland Law Society (QLS) Limitation of Liability Scheme
Keep an eye on supervision
The Graduate
What’s in a name?
Leaving a law firm: it pays to prepare
Paralegals – an important cog in the legal machine
Your PC is in the mail. Now what?
Can I witness this? Asking for a friend …
Undertakings
“Implied undertakings” - use of documents obtained by discovery or court process
A solicitor’s undertaking - a matter of honour?
Left holding the baby? – disputed funds in trust
Keeping track of Undertakings
Undertakings Register Template
Undertakings Checklist
Undertakings Factsheet
Search Warrant Guidelines
News
Non-Binding Ethics Rulings
Non-Binding Ethics Ruling (2016) 1
Request a Non-Binding Ethics Ruling
Non-Binding Ethics Ruling (2018) 2
Non-Binding Ethics Ruling (2018) 3
Non-Binding Ethics Ruling (2019) 4
Non-Binding Ethics Ruling (2020) 5
Non-Binding Ethics Ruling (2021) 6
Guidance Statements
Guidance Statement No. 1 - Undertakings
Guidance Statement No. 2 - Ongoing Costs Disclosure
Guidance Statement No. 3 - Paying Referral fees and Rule 12.4.4 Australian Solicitors Conduct Rules 2012
Guidance Statement No. 4 - Receiving Referral fees and Rule 12.4.3 Australian Solicitors Conduct Rules 2012
Guidance Statement No. 5 – Witnessing Enduring Powers of Attorney
Guidance Statement No. 6 - Form of Delivery for Client Documents
Guidance Statement No. 7 - Limited scope representation in dispute resolution
Guidance Statement No. 8 - Termination of a retainer
Guidance Statement No. 9 - Dealing with Self-represented Litigants
Guidance Statement No. 10 - Power of attorney (solicitor attorney remuneration)
Guidance Statement No. 11 – Financial reporting, proceeds of crime compliance and Anti-Money Laundering (Withdrawn)
Guidance Statement No. 12 – Conflicts of Interest in Criminal and Crime & Corruption Commission Proceedings
Guidance Statement No. 13 – Proceeds of crime compliance and Anti-Money Laundering
Guidance Statement No. 14 – Financial reporting
Guidance Statement No. 15 – In-house counsel - practising certificates
Guidance Statement No. 16 – Supervision
Guidance Statement No. 17 – Conflicts of Interest in Work Health Safety Investigations
Guidance Statement No. 18 – Inadvertent disclosure
Guidance Statement No. 19 – Government Lawyers: Independence & Privilege
Guidance Statement No. 20 – Employing immediate family members of judicial officers
Guidance Statement No. 21 – Sexual Harassment in the Workplace
Guidance Statement No. 22 – Dealing with inappropriate judicial conduct in the courtroom
Deliberative Model
QLS Senior Counsellors
Modern Advocate Lecture Series
Modern Advocate Lecture Series 2020
Modern Advocate Lecture Series 2019
Lecture 4 – Modern Advocate Lecture Series 2019
Modern Advocate Lecture Series 2018
Modern Advocate Lecture Series 2017
Modern Advocate Lecture Series 2016
Solicitor Advocate Course
Case Updates
Practising resources
Anti-money Laundering
Bankruptcy guidelines
Disciplinary reports
External interventions
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Guidelines for charging outlays and disbursements
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Independent solicitor certificate for finance
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Access to certificates by solicitors at Queensland Registry of Births, Deaths and Marriages
Personal Property Securities Register
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News & media
News
Headlines
Wellbeing: Self-awareness and resilience – automatic thoughts - part 3a
Wellbeing: Self-awareness and resilience – automatic thoughts - part 3b
Justice and Other Legislation Amendment Bill 2019
Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
Wellbeing: Self-awareness and resilience – growth mindset - part 4
2020 Australia Day Honours
Verifying client identity and overseas transactions
Wellbeing: Don’t be chained to the desk
Proposed reforms affecting community associations and clubs
Wellbeing: One microstep at a time
QLS welcomes first solicitor appointed to Supreme Court in more than six years
Health Legislation Amendment Bill 2019
Wellbeing: How to prioritise when everything seems important
Wellbeing: Imposter syndrome
Wellbeing: Leading yourself to lead others - are you a leader?
Wellbeing: Leading yourself to lead others - setting your path
Warning as to representation of multiple co-accused
Wellbeing: Leading yourself to lead others - things you can control
Information for practitioners in response to COVID-19
Wellbeing: Coronavirus / COVID-19 - Dealing with isolation
Wellbeing: Working from home – staying productive and well
Practice Note for Queensland practitioners taking Will and Enduring Power of Attorney Instructions during COVID-19
QLS President and CEO COVID-19 update for the profession
Q&A’s - conveyancing issues during COVID-19
Wellbeing: Managing fear and anxiety in times of a pandemic
Q&As - Can I interview a client by video conference for the purposes of providing an independent solicitor’s certificate?
Q&As - Can a client come to see me at my office?
Essential business activity during COVID-19 crisis
Exemption from the Hospital Visitors Direction
Wellbeing: Creating new habits in times of disruption
Can I hibernate my legal practice during COVID-19 so I can self-isolate due to age or health reasons
Wellbeing: Being with yourself
COVID19 support package announced
COVID 19 not grounds for early jail release
Wellbeing: Why you should have a Self-Care plan
Expanded services from the QLS Ethics and Practice Centre
COVID-19 document witnessing laws
Australia Post Delivery Delays
Presidents update 29 April 2020
Wellbeing: Setting boundaries
Wellbeing: The power of “No”
Extended access to Virtual Legal Library
Presidents update 6 May 2020
Wellbeing: Setting boundaries when working from home
Wellbeing: Six daily questions to ask yourself
Estate administration update 21 May
Wellbeing: Leading others through crisis
Electronic conveyancing settlements unavailable 8 June 2020
COVID-19 Emergency Response
Lexon risk alert 28 May
Wellbeing: Mental health at work
Phase 2 of QLSs support for the legal profession
Amendment to the Legal Profession Act 2007
Queensland Courts now accepting electronic signatures on some court documents
Retail Shop Leases and Other Commercial Leases
Free advice for members experiencing general practice management issues due to COVID 19
Lexon risk alert 3 June
Presidents update 3 June 2020
2020 Queens Birthday Honours list
Wellbeing: Behaviours to build mentally healthy workplaces
GST at settlement
DX mail service
Share your story with the Royal Commission
Reopening SCLQ premises
Presidents update 10 June 2020
Staggered increase of face-to-face hearings
Wellbeing: Transitioning back to the office
Foreign Investment Reforms
Court Link Program
Eased restrictions allow lawyers to enter aged care facilities
Queensland Law Society welcomes appointment of new Queensland Director of Public Prosecutions
MAIC cracks down on claim farmers
Joint Statement from QLS President Luke Murphy and QLS CEO Rolf Moses
Reminder from Queensland Courts regarding social distancing
Updated Franchising Code of Conduct
Keeping Queenslanders safe at home during the COVID-19 pandemic
Cessation of the Free Legal Advice Panel and continuing Lexon Complaints Cover
Workplace Conduct Advisory Service
Proctor Online daily news for the legal profession
Jessica Popple behind the beverage
Presidents update 15 July 2020
Reminder regarding online applications for the listing of criminal matters in the Magistrates Court
Administrative Appeal Tribunal fee increase
Resumption of some in-person AAT hearings
Queensland Drug and Alcohol Court referral re-opening
Do you need support for the Disability Royal Commission?
Court Networks telephone support model
Charging Outlays and Disbursements
QLS welcomes new Chief Judge appointed to District Court
Engaging in legal practice – the use of Air Tasker
Gatton customer centre transferred to Department of Transport and Main Roads lead agency
Peter Schmidt joins QLS Council
Law Firms eligible for JobMaker payments
President 2020 term nears its end
QLS welcomes 2021 President
COVID-19: Greater Brisbane lockdown
Presidents update 19 January 2021
Brisbane SDC law list
New hacker threat to email servers
Urgent: Have you patched your Microsoft Exchange Server yet?
Exchange Server patch in place – what’s next?
COVID-19 Alert
Media releases
Federal Circuit Court: Success under strain
Productivity report proves Qld courts severly underfunded
Protecting citizens rights
QLS protects public from unlawful legal practice
Bundys top advocate against DV wins coveted legal award
Criminal lawyer advocate for good policy wins coveted legal award
QLS praises $320m investment in youth justice reform measures
QLS calls for immediate end to housing of children in police watchhouses
Queensland Budget proves to be justice investment bonanza
QLS welcomes four new judicial appointments
Proposed claims farming laws will stamp out predatory practice
QLS calls for immediate ban to children 14 and under being held in watch houses
QLS welcomes appointment of Queensland Chief Magistrate and new Mt Isa magistrate
QLS backs review of consent laws by Qld Law Reform Commission
QLS opposes change to 120-year-old sexual consent laws
QLS welcomes appointment of two solicitors to the state’s magistracy
QLS welcomes new law to stop insidious practice of claims farming
QLS welcomes first solicitor appointed to Supreme Court in more than six years
New laws paving way for electronic signing of legal documents
funding boon for community legal centres
New regulations to allow for virtual document witnessing
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