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New South Wales Professional Conduct and Practice Rules  2013 (Solicitors’ Rules)

The current Solicitors’ Rules commenced on 1 January 2014. Download:

Introduction

Nature and purpose of the Rules

1 Application and interpretation 2 Purpose and effect of the Rules

Fundamental duties of solicitors

3 Paramount duty to the court and the administration of justice 4 Other fundamental ethical duties 5 Dishonest and disreputable conduct 6 Undertakings

Relations with clients

7 Communication of advice 8 Client instructions 9 Confidentiality 10 Conflicts concerning former clients 11 Conflict of duties concerning current clients 12 Conflict concerning a solicitor’s own interests 13 Completion or termination of engagement 14 Client documents 15 Lien over essential documents 16 Charging for document storage

Advocacy and litigation

17 Independence – avoidance of personal bias 18 Formality before the court 19 Frankness in court 20 Delinquent or guilty clients 21 Responsible use of court process and privilege 22 Communication with opponents 23 Opposition access to witnesses 24 Integrity of evidence – influencing evidence 25 Integrity of evidence – two witnesses together 26 Communication with witnesses under cross-examination 27 Solicitor as material witness in client’s case 28 Public comment during current proceedings 29 Prosecutor’s duties

Relations with other solicitors

30 Another solicitor or other person’s error 31 Inadvertent disclosure 32 Unfounded allegations 33 Communication with another solicitor’s client

Relations with other persons

34 Dealing with other persons 35 Contracting with third parties

Law practice management

36 Advertising 37 Supervision of legal services 38 Returning judicial officers 39 Sharing premises 40 Sharing receipts 41 Mortgage financing and managed investments 42 Anti-discrimination and harassment 43 Dealing with the regulatory authority

Practice rules

44 Supervised legal practice 45 Legal aid application - criminal proceedings 46 Legal aid – Court of Criminal Appeal proceedings 47 Litigation lending 48 File register 49 Safe custody registers 50 Register of financial interests 51 Inspection of registers 52 Solicitors may robe 53 Transfer of a practitioner’s practice 54 Place of settlement 55 Debt collection or mercantile agencies 56 Practitioner members of local government councils 57 MCLE (Continuing Professional Development) 58 Solicitors advising on loan or security documents 59 Conducting another business 60 Stationery - Business name

Rule 58 Forms (All shedules)Schedule 1Schedule 1ASchedule 1BSchedule 2Shcedule 2ASchedule 3Schedule 4 Part 1Schedule 4 Part 2Schedule 4A Part 1Schedule 4A Part 2Schedule 4B Part 1Schedule 4CSchedule 5

Glossary of terms

CONTACT

  • Ethics Unit
  • Law Society of NSW
  • Level 7, 170 Phillip Street
  • Sydney NSW 2000
  • DX 362 Sydney
  • T: (02) 9926 0114
  • F: (02) 9221 5804
  • E: ethics@lawsociety.com.au