Members Services :: ACT Law Society

Australian Solicitors' Conduct Rules

At the Law Council of Australia (LCA) Directors’ meeting on 14 March 2009, the Directors considered developments in the overall political and policy climate on issues relating to the national profession and resolved to intensify efforts to complete a single set of national rules as a demonstration of the commitment of the profession to establishing a national approach. The formation of the National Conduct Rules Reference Group (‘the reference group’) was the means of bringing representatives from all the constituent bodies together to do this.

On 15 June 2009, the Society’s Council resolved to establish small working groups to consider the different sections of the Rules. Four working groups were established. These groups provided feedback to the ACT’s reference group member.

After a series of face-to-face meetings and teleconferences, the reference group has now completed the Final Draft of the Australian Solicitor’s Conduct Rules (‘the Rules’).

Members are invited to read through the final draft of the Rules and provide their comments to the Law Society by COB Friday, 11 September. These comments will then be passed on to the Society’s President at the Council meeting on 14 September, so that he can present the members’ perspectives on the Rules at the Law Council Directors’ meeting on 17 September in Perth.

When reviewing the Rules, please bear in mind that the Rules are written in a principle/commentary style. The commentary is not yet finalised, and is intended only to provide guidance to practitioners.

Please email any feedback to mail@actlawsociety.asn.au. Feedback must be received by COB 11 September 2009.

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Costs Disclosure, Costs Agreements & Notification of Client's Rights

Part 3.2 of the Legal Profession Act 2006 introduces new obligations about costs agreements and the information that a practitioner must give to a client about legal costs. Part 3.2 commences on 1 October 2007 and will be amended prior to commencement. The documents below intend to assist practitioners to fulfil their obligations under Part 3.2 in its amended form. These documents remain in DRAFT FORM ONLY until the amendments have passed. Practitioners should only use these documents where a client first instructs the law practice in relation to the matter on or after 1 October 2007 (see s 607).

Review of Legal Profession (Solicitors) Rules 2006

National Practice

National Profession Model Bill
Legal Profession Act 2006
The Legal Profession Act 2006 commenced on 1 July 2006 , except for Parts 3.1 and 3.2, which commenced on 1 October 2007. The Act was updated on 27 December 2007. The Legal Profession Regulations commenced on 1 July 2006 and were updated on 18 May 2007 and 1 October 2007. The Regulations support the Act. The Legal Profession (Solicitors) Rules commenced on 1 July 2006 and were updated on 1 October 2007. The Rules replace the Professional Conduct Rules for Solicitors and are subordinate law under the new Act. Current versions of the Act, Regulations and Rules can be found at www.legislation.act.gov.au.

The Society has produced this members’ guide to the new law below. This guide cannot be relied upon as legal advice and is no substitute for reading the new law. A hard copy of this guide will be provided to all members free-of-charge in 2008.
New Terms
Who Are The Regulators?
Entitlement To Practice
Practising Certificates
Incorporated Legal Practices And Multi-Disciplinary Partnerships
Professional Standards
Complaints
Discipline
The Fidelity Fund
Investigations
Keeping The Law Society Informed
External Intervention
Where Can I Found Out More?
Trust Money And Trust Accounts
Approved ADIs For Trust Accounts
Designated External Examiners
Appropriate Management Systems
ILP Notification Form
Titles For Overseas-Recruited Lawyers