Tasmanian Consolidated Regulations

LEGAL PROFESSION (SOLICITORS' CONDUCT) RULES 2020

- (S.R. 2020, NO. 55)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary rules

   1.       Short title
   2.      Commencement
   3.      Objective
   4.      Interpretation

   PART 2 - Operational rules

           Division 1 - Nature and purpose of rules

   5.       Application of rules (ASCR 1)
   6.      Purpose and effect of rules (ASCR 2)

           Division 2 - Fundamental duties of solicitors

   7.      Paramount duty to court and administration of justice (ASCR 3)
   8.      Other fundamental ethical duties (ASCR 4)
   9.      Dishonest and disreputable conduct (ASCR 5)
   10.     Undertakings (ASCR 6)

           Division 3 - Relations with clients

   11.     Communication of advice (ASCR 7)
   12.     Client instructions (ASCR 8)
   13.     Confidentiality (ASCR 9)
   14.     Conflicts concerning former clients (ASCR 10)
   15.     Conflict of duties concerning current clients (ASCR 11)
   16.     Conflict concerning solicitor’s own interests (ASCR 12)
   17.     Completion or termination of engagement (ASCR 13)
   18.     Client documents (ASCR 14)
   19.     Lien over essential documents (ASCR 15)
   20.     Charging for document storage (ASCR 16)
   21.     Legal aid

           Division 4 - Advocacy and litigation

   22.     Independence – avoidance of personal bias (ASCR 17)
   23.     Formality before court (ASCR 18)
   24.     Frankness in court (ASCR 19)
   25.     Delinquent or guilty clients (ASCR 20)
   26.     Responsible use of court process and privilege (ASCR 21)
   27.     Communication with opponents (ASCR 22)
   28.     Opposition access to witnesses (ASCR 23)
   29.     Integrity of evidence – influencing evidence (ASCR 24)
   30.     Integrity of evidence – two witnesses together (ASCR 25)
   31.     Communication with witnesses under cross-examination (ASCR 26)
   32.     Solicitor as material witness in client’s case (ASCR 27)
   33.     Public comment during current proceedings (ASCR 28)
   34.     Prosecutor’s duties (ASCR 29)

           Division 5 - Relations with other persons

   35.     Another solicitor’s or other person’s error (ASCR 30)
   36.     Inadvertent disclosure (ASCR 31)
   37.     Unfounded allegations (ASCR 32)
   38.     Communication with another solicitor’s client (ASCR 33)
   39.     Dealing with other persons (ASCR 34)
   40.     Contracting with third parties (ASCR 35)
   41.     Practitioner member of statutory tribunal

           Division 6 - Law practice management

   42.     Advertising (ASCR 36)
   43.     Supervision of legal services (ASCR 37)
   44.     Returning judicial officers (ASCR 38)
   45.     Sharing premises (ASCR 39)
   46.     Sharing receipts (ASCR 40)
   47.     Anti-discrimination and harassment (ASCR 42)
   48.     Dealing with regulatory authority (ASCR 43)