These rules were made as part of the Legal Profession Act 2006 (see A2006-25, s 615 and sch 1 pt 1.1).

made under the

Introduction 1
Definitions 3
Relations with Clients 6
1. Acceptance of Retainer 6
2. Confidentiality 7
3. Keeping the Client Informed 8
4. Restraint on acting against a former client 10
5. Practitioners employed otherwise than by a practitioner 10
6. Termination of a Retainer 10
7. Ownership of clients' documents - Termination of Retainer 12
8. Acting for more than one party 13
9. Avoiding conflict of interest (where practitioner’s own interest involved) 16
10. Receiving a benefit under a will or other instrument 17
11. Practitioner and Client - Borrowing transactions 18
Practitioners' Duties to the Court 19
12. Preparation of affidavits 19
13. Practitioner a material witness in client's case 20
14. Admission of guilt 20
15. Admission of perjury 21
16. Bail 21
Advocacy Rules 22
17. Duty to a client 22
18. Independence - Avoidance of personal bias 22
19. Frankness in court 23
20. Admissions by client 26
21. Responsible use of privilege 28
22. Integrity of evidence 30
23. Duty to opponent 32
24. Prosecutor's duties 34
Relations with Other Practitioners 10
25. Communications 40
26. Undertakings 40
27. Taking over a matter from another practitioner 41
28. Transfer of a practitioner's practice 42
29. Communicating with another practitioner's client 43
Relations With Third Parties 45
30. Contracting for services 45
31. Undertakings 45
32. Communications 46
33. Debt collection or mercantile agencies 46
[CONTENTS cont.]

Legal Practice 47
34. Conducting another business 47
35. Referral fees - Taking unfair advantage of potential clients
- Commissions 48
36. Supervision 49
37. Conduct of Practice 49
38. Firms 50
39. Attraction of Business 52
40. Fees 56
41. Dealings with the Law Society 57
42. Anti-Discrimination 57
43. Trust Accounts 58
44. Part-time Judicial Appointments 63

Schedules

1. Solicitor Acting for Both Buyer and Seller - Instructions to Solicitor
2. Solicitor Acting for Both Mortgagor and Mortgagee - Instructions to Solicitor
3. Solicitor Acting for Both Lessor and Lessee - Instructions to Solicitor

The Rules which follow apply to legal practitioners practising as solicitors, or as barristers and solicitors. The term "practitioner" is used throughout to refer to persons practising as solicitors, or as barristers and solicitors.

The Rules are divided into six categories under the following headings.

• Relations with clients
• Duties to the Court
• Advocacy Rules
• Relations with other lawyers
• Relations with third parties
• Legal practice

The first five categories are preceded by a statement of general principle which is not intended to constitute by itself a Rule, but is intended to describe the underlying principles and objectives of the Rules which follow.

The Rules are based on the model rules developed by the Law Council of Australia. A number of provisions of the former Guide to Professional Conduct & Etiquette (adopted by the Council of the ACT Law Society in 1984) have been incorporated into these Rules. This document supersedes the Society’s Guide to Professional Conduct & Etiquette.

The Rules are intended to assist practitioners in the conduct of their practices. While it may indicate to the Society’s Complaints Committee or the Court the opinion of the Law Society on matters of ethics and practice, it is not a penal code. A breach of the Rules may not necessarily amount to professional misconduct or unsatisfactory professional conduct. However, practitioners should note that failure to comply can be unsatisfactory professional conduct or professional misconduct under s 585 of the Legal Profession Act 2006. Practitioners should therefore abide by the terms of the Rules. If a practitioner does not do so, then the onus will be on the practitioner to justify his or her conduct.

The Supreme Court of the ACT has said, in relation to the former Guide to Professional Conduct & Etiquette, that the Guide was a binding Code set by solicitors and that practitioners who ignored the Guide did so at their own risk.

DEFINITIONS

“associate” a reference to an associate of a practitioner is a reference to:

    (a) a partner, employee, or agent, of the practitioner;

    (b) a corporation or partnership in which the practitioner has a significant beneficial interest;

    (c) a member of the practitioner's immediate family.

“case” means the litigation or proceedings in which the practitioner in question is retained or intending to appear, or the dispute in which the practitioner is advising, as the case may be.

“client” includes an officer, servant or agent of a client, who is authorised to give instructions on behalf of the client.

"compromise" includes any form of settlement of the case, whether pursuant to a formal offer under the rules or procedure of a court, or otherwise.

“costs” a reference to costs, unless the context of a rule indicates a contrary intention, includes disbursements.

“Council” means the Council of the Law Society of the Australian Capital Territory

“court” means any body described as such and all other tribunals exercising judicial, or quasi-judicial, functions, and includes professional disciplinary tribunals, industrial and administrative tribunals, statutory or Parliamentary investigations and inquiries, Royal Commissions, arbitrations and mediations.

“current
proceedings" means proceedings which have not been determined, including proceedings in which there is still the real possibility of an appeal or other challenge to a decision being filed, heard or decided.

“Executive
Committee” has the same meaning as in the Constitution of the Law Society of the Australian Capital Territory

“forensic judgments” do not include decisions as to the commencement of proceedings, the joinder of parties, admissions or concessions of fact, amendments of pleadings or undertakings to a court, or in criminal proceedings as to a plea, but do include advice given to assist the client or the instructing practitioner to make such decisions.

"immediate family” means the spouse (which expression may include a de facto spouse or partner of the same sex), or a child, grandchild, sibling, parent or grandparent of a practitioner.

“Law Society” means the Law Society of the Australian Capital Territory

“opponent” means the practitioner appearing for the party opposed to the client, or the party opposed to the client if that party is unrepresented.

"order” includes a judgment, decision or determination.

“practitioner" means a legal practitioner who holds a current restricted or unrestricted practising certificate issued by the Law Society.

“principal” means a practitioner who is the holder of a current unrestricted practising certificate issued by the Law Society

“prosecutor” means a practitioner who appears for the complainant or Crown in criminal proceedings.

“Trust account” means a general trust bank account or a special trust bank account required by the Act to be opened and maintained.

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