Practitioners are reminded that Rule 33 Australian Solicitor's Conduct Rules 2012 is very specific -
33.1. A solicitor must not deal directly with the client or clients of another practitioner unless:
33.1.1. the other practitioner has previously consented;
- Rules 33.1.2 to 33.1.4 are very limited exceptions. The Centre has become aware that some practitioners are sending e-contracts directly to a client where they are aware of a solicitor acting for that client and without the prior consent of the representing practitioner. Such behaviour is contrary to the Rule. The rationale behind the rule is to ensure that the admission against self-interest is not secured and undermining the trust and confidence which exists between the solicitor and their client does not occur.
Stafford Shepherd
Principal Ethics Solicitor
15 April 2024