From 1 July 2015, uniform legislation for the legal profession changed the way the legal profession is regulated in New South Wales. While there is no legal or ethical prohibition on such payment, lawyers should consider the following: The duty of confidentiality continues even after the end of the attorney-client advance. Upon the death of the customer, confidentiality passes to the customer`s legal personal representative. Rule 9.2 specifies exceptions to this rule. Many statutes regulate the legal profession and practice in New South Wales, such as the Legal Profession Act 2004 and the Legal Profession Regulations 2005. However, in cases where a client contacts a second practitioner to request a second opinion, it is also possible that the second practitioner may be breaking this rule. The ordinary law recognizes the need to protect the relationship of trust between a lawyer and his client and it would be incompatible with this protection if the second opinion extended to a denigration of the first lawyer or an attempt to undermine the existing professional relationship. Except for irregularities in escrow accounts, there is no legal obligation or rule that applies only to lawyers that requires a lawyer to report concerns about the professional conduct of another lawyer. Section 154 of the Uniform Legal Profession Act (NSW) requires a lawyer to report a possible irregularity in an escrow account (in his own office or another) to the Law Society. The prohibition is intended to protect the benefit that a client derives from legal representation and to ensure that a lawyer`s expertise cannot be used unfairly when dealing with a layman. We recognize the role of our profession in serving our community in the administration of justice. We recognize that the law must protect the rights and freedoms of members of society. We understand that we have a responsibility to our community to maintain high standards of conduct and conduct in fulfilling our duties to the courts, our clients and fellow practitioners.

Lawyers must renew their lawyer`s certificate annually and meet strict requirements to do so. Lawyers who have not fulfilled their professional obligations may have their professional licence cancelled, suspended or revoked. In order to provide legal services to the public, a lawyer must hold an up-to-date and appropriate professional certificate, be covered by professional liability insurance, comply with cost disclosure requirements, and contribute to the Legal Practitioners` Loyalty Fund as required. The Law Society`s goal is to make your relationship with the legal profession as productive and fruitful as possible. One of the ways the Law Society fulfills this role is to promote community understanding of how lawyers work and their duties to clients and the law. In New South Wales, the practice and regulation of the legal profession is governed by the Uniform Act, which includes: Laws: Legal profession Uniform Act (NSW) Legal profession Uniform Application of Law Act 2014 Regs: Uniform Regulations of the Legal Profession, 2015 Uniform Regulations for the Application of the Laws of the Legal Profession 2015 Rules: Uniform General Rules of the Legal Profession General Rules 2015 Admission Rules Law Australian Rules of Conduct for Lawyers 2015 Rules of Legal Practice (Lawyers) 2015 Ongoing Professional Development Rules (Lawyers) 2015 A long-awaited decision of the Federal Court of Australia regarding solicitor-client privilege (“BVG”), Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278, was rendered on 25 March 2022. The decision was significant given the volume of documents for which privilege was invoked and the fact that the context of the action concerned a multidisciplinary practice. “. A lawyer in the production of the. The disclosure [required for informed consent] is not far removed from the conflict, which can result in disclosure, even with the best of intentions, not being able to properly avoid bias. Even lay clients can rely on their lawyer`s superior legal knowledge and be willing to accept the lawyer`s assurances simply because the lawyer gave them.

A prudent lawyer will therefore insist that the client receive independent legal advice on the matter if he or she is inclined to continue to represent himself.