Australian Solicitors Conduct Rules
In the different universities the one question which is often asked to students is to describe the Australian Solicitors Conduct Rules. The answer to this particular question can be given in the following manner.
The Australian solicitors are the ones who are said to provide a number of legal services under varied categories to the different clients. The conduct rules which have been created by the government apply to the solicitors who are involved in the various practices in a number of different ways and forms. According to the first rule which is given by the Australian solicitor conduct rule a solicitor should never deal or benefit from a party which is represented or compensated by an insurer. However, if the insurer is ready to do so then they this deal can very well take place. It is important for all of the solicitors who are operating in Australia have to abide by all of the rules. The rules which are mentioned are applicable for all of the states of Australia so as to ensure a uniform applicability of all of these rules as well as regulations. The reason behind establishing all of these rules is to ensure that all the operating solicitors are able to perform to their utmost capacity as all of the rules provide clear guidelines about how the different solicitors should act and perform. In the year 2015 there have been certain changes in the rules by the Law Council of Australia which states that in case of a any breach of rules by the different solicitors it would be seen as an act of serious misconduct due to which a disciplinary action can be taken upon the solicitor by the appropriate regulating authority and also no third party would be eligible in any way to do so. Also, a solicitor would have to comply with higher standard rules if in case it is prescribed by law or any other higher legislation body of the country.
The third rule is the one which states that a solicitor has a paramount duty towards the court as well as administration. In this rule it is also stated that any inconsistency would then be compensated with the given duty. The rule four is the one which prescribes that a solicitor is the one who works for his or her client and that he or she must make sure that the work in the complete interest of them and also that they in no way cheat them or be rude towards them in any given manner. They should carry out their practice in the best possible manner and they must also make sure that all the needs and demands of the clients are duly met. According to the given rule, the solicitor must also make sure to act in the best possible manner with utmost integrity as well as professional independence and there should be now way because of which this aspect should be compromised upon. The solicitors must also comply with all of the rules and regulations which have been laid out by the law.
The rules between numbers 7 to number 16 are the ones which are the ones that explain the terms of the relationship that a solicitor must have with his or her clients. There are a number of different aspects which are included in these particular rules and are the ones which may include aspects like communication of advice, instructions which are given to the clients, the confidentiality which should be maintained, the terms of completion or termination of the deal, the requirement of the documents etc. Rule 8 is one which establishes the different rules as well as obligations which a solicitor has to follow. In this situation what happens is that the fact that each and every adult has the ability to make their own decisions has been established. However, what may also happen is that the different solicitors according to rule number 8 must also make sure that they are able to govern the mental health as well as the capacity of their own clients. This is because any client who is not mentally fit to follow instructions should not be provided the services without ant prior help.
According to the rule number 21 a solicitor must be able to make use of the court processes as well as the court privileges with proper responsibility and they must also be able to make sure that the allegations that the put towards any other person should be properly justified by making use of reasonable proofs. According to this rule it should be made sure that the allegations which have been presented are not only done to embarrass or harass the other individual or party.
In addition, rather than making any changes in the ethical rules, in the year 2011 a new set of rules were introduced like that of rule number 12. The rule number 27 has also been established with the same purpose where it is mentioned that a solicitor cannot appear as the advocate of the client at the time of a hearing. If this happens then the solicitor would have to provide proper evidence. The rule number 27.2 however is the one which states that a solicitor can represent the client in court provided he is not prejudiced at all.
There are a number of duties which are necessary for the barrister wherein he is supposed to act independently and towards the administration of the justice. In addition, the barrister is also the one who is obligated to fulfill certain duties towards the different clients he or she are handling. These duties are therefore mentioned in the rules 37-40. According to these rules a barrister must protect the interests of his client, he must also be able to inform the client of the given alternatives, he must be able to do his best to assist his clients with any given problems and also advice them about the different benefits of the procedure of the law.