Australian Capital Territory Repealed Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
This legislation has been repealed.
LEGAL PROFESSION (SOLICITORS) RULES 2006 (REPEALED) - RULE 1
Acceptance of Retainer - (Instructions to Act or Provide a Legal Service)
RELATIONS WITH CLIENTS
Practitioners should serve their clients competently and diligently. They
should be acutely aware of the fiduciary nature of their relationship with
their clients, and always deal with their clients fairly, free of the
influence of any interest which may conflict with a client's best interests.
Practitioners should maintain the confidentiality of their clients' affairs,
but give their clients the benefit of all information relevant to their
clients' affairs of which they have knowledge. Practitioners should not, in
the service of their clients, engage in, or assist, conduct that is calculated
to defeat the ends of justice or is otherwise in breach of the law.
1 . Acceptance of Retainer -
(Instructions to Act or Provide a Legal Service)
1.1 A practitioner should treat his or her client fairly and in good faith,
giving due regard to the client’s position of dependence upon the
practitioner, his or her special training and experience and the high degree
of trust which a client is entitled to place in a practitioner.
1.2 A practitioner must act honestly, fairly, and with competence and
diligence in the service of a client, and should accept instructions, and a
retainer to act for a client, only when the practitioner can reasonably expect
to serve the client in that manner and attend to the work required with
reasonable promptness.
1.3 (a) A practitioner must not
accept instructions in a field of practice in which he or she possesses
insufficient knowledge and skill to provide competent representation to the
client unless:
(i) the practitioner
is able, without undue delay and cost to the client, to obtain such knowledge
and skill either through private study and research or through the association
with him or her of another lawyer of established competence in that field; or
(ii) where access to
the relevant body of knowledge or to a lawyer of established competence in the
field is not readily available, the practitioner warns the client of those
facts and of the likely delay and cost in acquiring the requisite knowledge
and skill and the client voluntarily consents to the practitioner acting in
the matter.
(b) A practitioner should take such steps as are reasonably
necessary to maintain and improve his or her knowledge and skill in the fields
of law in which he or she practises.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback