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President’s Rulings

If you are a member of the Law Society and need detailed advice about a proposed course of action or about a problem which remains the subject of a dispute, you may be able to obtain a President’s Ruling.

When to seek a Ruling

President’s Rulings are particularly useful where conflict of interest problems arise, as the procedure ensures a speedy determination of issues which may otherwise cost solicitors and their clients considerably, both in money and anguish.

President’s Rulings are based upon opinions from the Society’s Ethics Committee or, in appropriate circumstances, upon advice from the Ethics unit. The rulings do not involve giving advice on conduct which has already occurred.

Disciplinary proceedings

In the context of disciplinary proceedings a ruling may benefit a solicitor who has acted in accordance with the ruling, and a positive, but erroneous, Ruling from the Law Society may constitute a defence to a charge of misconduct (see Law Society of NSW v Moulton [1981] 2NSWOR 736 at 757B-C). For the Ruling to operate as a defence it must be based on all material facts and, of course, the solicitor must have acted in accordance with it.

How to obtain a Ruling

Members should approach the Ethics Unit of the Law Society and provide a detailed written submission containing all the relevant information. Any Ruling given will state that it is based upon the information provided.