Solicitors as moral compasses and new consent laws

The Law Society recently hosted an important panel discussion on the role of solicitors as the moral compass for their clients, featuring Dr Simon Longstaff, Executive Director of the Ethics Centre, Daniel Csillag, Senior Legal Counsel and General Manager, Company Secretariat, ASX, and Linden Barnes, Senior Ethics Solicitor at the Law Society. The focus was primarily on inhouse solicitors, where the client is also the employer. However, it is a role which can arise for any solicitor, whatever their area of practice.

The panel considered a solicitor’s fundamental obligations to the administration of justice, which override the obligations to the client. It distinguished between a solicitor’s personal moral compass and the interests of the client, and therefore the solicitor’s role to uphold the client’s proper values, not their own. The panel discussed strategies for solicitors to strengthen themselves for those situations, including via the support of their colleagues and the Society. If you didn’t catch the webcast, which is of relevance to all practising solicitors, it is now available for members via our Events on-demand portal.

Also last week the NSW Attorney General announced he will be introducing a Bill in the Spring session of Parliament to reform sexual consent laws. In the meantime, I would like to acknowledge the incredible bravery and courage shown by survivor advocate Saxon Mullins. By publicly sharing her story, Saxon has instigated an important national conversation about sexual consent. She should also be commended for her tireless advocacy on behalf of sexual assault survivors. I similarly commend Brittany Higgins and Grace Tame for highlighting the repugnance of sexual assault.

The Law Society hopes to have the opportunity to review the draft legislation before it is introduced to ensure that any amendments to the current provisions are clear and workable and ultimately that they contribute to better processes for victims of sexual assault and a fair trial for the accused.

The Law Society strongly supports better education about consent in schools, universities, sports clubs and within the wider community to change the culture about consent. As the Attorney General said, we all need to work towards a culture where sexual violence is never acceptable.

Juliana Warner, President, the Law Society of NSW

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