The following paragraphs outline situations where a duty solicitor may be faced with a conflict of duties. Former clients Where a legal practitioner in the course of acting for a defendant former client has acquired confidential information which is material to a matter involving a new defendant, and it might be reasonably concluded that such information, if disclosed, would be detrimental to the interests of the former client, then there is a conflict of duties as the legal practitioner has duty to both their current and former client.
What are the duties? A fiduciary relationship creates many legal duties for the person in whom the trust has been placed. The major components are explained below. For more information, see: Other duties of solicitors. Disclosure Your solicitor must tell you in writing how much they will charge you and about other expenses before they start working for you.
This is known as disclosure. Once you have agreed to use a particular solicitor, they should also send you regular bills for their services, setting out the work performed and the charges for each service.
For more information see: What your solicitor must tell Duty integrity legal profession.
Confidentiality Conversations, correspondence and documentation between you and your solicitor are confidential and can only be revealed in limited situations.
Solicitors must also follow strict rules in the maintenance of client files. Conflicts of interest Your solicitor must not allow their own interests, or the interests of an associate, to conflict with those of a client.
A solicitor generally cannot act for you if they have previously provided legal advice to a person you are in dispute with. If you believe that your solicitor may have a conflict you should raise this with them. Following instructions Your solicitor cannot make any decisions without your instructions.
They must carry out your instructions promptly and efficiently in accordance with the law.
Clear communication As the client, you should receive regular updates on the progress of your matter, preferably in writing. Your solicitor must provide advice about all your options, including the best course of action, which may be alternative forms of dispute resolution.
Your solicitor must also treat you with respect, be polite and assist in your understanding of the law. Handling your money Your solicitor may ask you to pay some of their fees in advance to cover any expenses they incur during their work for you.
This money must be held in trust and cannot be paid to anybody for any expenses without your specific permission, which you may provide in your original costs agreement.
Trust and controlled money accounts. The Office of the Legal Services Commissioner enforces breaches by solicitors.Ethics in action in the Legal Profession Richard Scott, stated that “attorneys are expected to carry out instructions with due diligence and integrity. This is a duty we owe both our clients and the courts.
We should always remain constant and ensure that we maintain high standards of ethical conduct”. OF THE LEGAL PROFESSION IN AN EVOLVING MARKET: legal practices wishing to incorporate or publicly list preserve the ethics and the integrity of the legal profession.
Over the past few years, the legal profession in N.S.W., Australia has undergone a - the primary duty of the legal practice is to the court. The rules of professional responsibility in each state are meant to keep the legal profession in a position of power in our society.
True False. The giving of advice that one should take legal action could well be in fulfillment of the duty of the legal profession to assist the public in recognizing legal problems. This appearance of influence reflects poorly on the integrity of the legal profession and government as a whole.
There are four core principles regarding integrity that guide legal practice: independence, confidentiality, avoiding conflicts of interest and maintaining professional integrity.
A variety of issues have emerged that risk undermining the integrity of the legal profession. These ethical challenges. Whilst this duty affects professional conduct within the solicitor client relationship, it is a broad duty, and each member of the legal profession is entrusted to maintain .