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Revised Professional Conduct and Practice Rules 1995 (Solicitors' Rules)

The Revised Professional Conduct and Practice Rules 1995 commenced on 11 December 1995.

The Rules were made by the Council of the Law Society of New South Wales, pursuant to its power under section 57B of the Legal Profession Act 1987 on 24 August 1995.

The Solicitors' Rules made under the 1987 Act were deemed to be made under the Legal Profession Act 2004 by virtue of Schedule 9 clause 24.

The Solicitors' Rules below replaced those published in the Government Gazette of Friday 10 June 1994, which included the amendments to those rules subsequently made and published prior to 24 August 1995.

Where appropriate, a link to a history of amendments, deletions and alterations follows each Rule.

Download the Revised Professional Conduct and Practice Rules 1995 (PDF).

IntroductionDefinitions

Relations with clients – Rules 1-16

Statement of Principle for Rules 1-161 Acceptance of retainer – instructions to act or provide a legal service2 Confidentiality3 Acting against a former client4 Practitioners employed otherwise than by a practitioner4A Supervised Legal Practice5 Termination of retainer6A Legal Aid Application – Criminal proceedings6B Legal Aid – Court of Appeal proceedings7 Litigation lending8 Ownership of clients' documents – Termination of retainer9 Acting for more than one party10 Avoiding a conflict between a client's and a practitioner's own interest11 Receiving a benefit under a will or other instrument12 Practitioner and client – Borrowing transactions13 File register14 Safe custody registers15 Register of financial interests16 Inspection of registers

Practitioners' Duties to the Court – Rules 17-24

Statement of Principles for Rules 17-2417 Preparation of affidavits18 Duty not to influence witnesses19 Practitioner a material witness in client's case20 Admission of guilt21 Admission of perjury22 Bail23 Advocacy Rules23A24 Former judicial officer resuming practice

Relations with other practitioners – Rules 25-31A

Statement of principles for Rules 25-31A25 Communications26 Undertakings27 [Undertakings]28 [Undertakings]29 Taking over a matter from another practitioner30 Transfer of a practitioner's practice31 Communicating with another practitioner's client31A Place of settlement

Relations with third parties – Rules 32-36

Statement of principles for Rules 32-3632 Contracting of services33 Undertakings34 Communications35 Debt collection or mercantile agencies36 Practitioner members of local government councils

Legal Practice – Rules 37-45

37 Conducting another business38 Referral fees – Taking unfair advantage of potential clients – Commissions39 Sharing receipts (section 48F)40 Multi-disciplinary partnerships (section 48G)41 Stationery – Business name42 MCLE43 Sharing of premises44 Conducting a branch office45 Solicitors advising on loan or security documents

History of amendments to the Solicitors' Rules

History of amendments to DefinitionsHistory of amendments to Rule 1History of amendments to Rule 4History of amendments to Rule 5History of amendments to Rule 8History of amendments to Rule 11History of amendments to Rule 12History of amendments to Rule 13History of amendments to Rule 15History of amendments to Rule 16History of amendments to Rule 18History of amendments to Rule 29History of amendments to Rule 30History of amendments to Rule 31History of amendments to Rule 31AHistory of amendments to Rule 39History of amendments to Rule 40History of amendments to Rule 42History of amendments to Rule 45