• Login   

• For Solicitors
• For the Community
• About the Law Society
• Ressource center

About the Ethics Unit

The law is a challenging profession which confronts solicitors with sensitive issues requiring fine judgments to be made at every turn. Legal practice has also long been one of the most highly regulated professions in the country, with strict codes of conduct and prescriptive legislation.

In response to this complex environment the Law Society's Ethics Unit can assist practitioners with their professional and ethical obligations.

Part of the Professional Standards Department, the Ethics Unit is staffed by a team of experienced Ethics Solicitors. They provide prompt and reasoned information to solicitors in line with established ethical and legal principles.

The unit researches relevant ethical and legal developments and submits timely and informative reports to the Society's Ethics Committee. It also provides ethics education, including the publication of articles in the Law Society Journal and addresses to interested groups.

Ethics Committee

Members of the Law Society’s Ethics Committee are practising solicitors from a variety of practice types and geographic areas.

The Ethics Committee steers the development of policy issues affecting professional conduct and the ethical obligations of solicitors, and regularly considers serious or urgent questions referred to it on matters such as conflict of interest and solicitors’ communications and relationships with clients, colleagues and third parties.

The Ethics Committee will give an opinion to help resolve a dispute provided that the basic facts are agreed and both parties agree to be bound by the Committee’s rulings. Upon request in appropriate circumstances, the President of the Law Society may give a ruling to a solicitor requiring guidance on his or her own proposed conduct.

Revised Professional Conduct and Practice Rules 1995

Under the Legal Profession Act 2004 (and its predecessor, the Legal Profession Act 1987), the Law Society has the power to set ethical and professional standards and has done so through the Revised Professional Conduct and Practice Rules 1995, otherwise known as the Solicitors Rules. The Rules are binding on all NSW solicitors and embody many of the concepts arising out of case law and recognised fiduciary duties.

Failure to comply with the Solicitors Rules does not of itself amount to a breach of the Legal Profession Act but may constitute professional misconduct or unsatisfactory professional conduct.