Ethics and Professional Conduct
Framework
Queensland solicitors and barristers are bound by the Legal Profession Act 2007 (Qld), the Australian Solicitors' Conduct Rules (ASCR), and, for barristers, the Barristers' Conduct Rules. The Legal Services Commission and the Queensland Civil and Administrative Tribunal handle discipline.
Core concepts
- Paramount duty: to the court and the administration of justice, overriding client instructions.
- Competence and diligence: a practitioner must act competently, diligently and promptly.
- Confidentiality and privilege: confidentiality survives the retainer; privilege belongs to the client and can be waived only by the client.
- Conflicts of interest: a practitioner must avoid conflicts between the client and the practitioner, and between two clients. Informed consent may resolve some conflicts, but never where the practitioner's own interest is adverse.
- Communication: clear, timely advice, including about costs.
- Costs disclosure: must be made in writing and in advance; failure can affect recoverability.
- Candour: a practitioner must not mislead the court, must correct inadvertent misleading, and must not cite known-overruled authority.
- Undertakings: personal and binding; breach is serious misconduct.
Traps
Candidates confuse confidentiality (duty owed to client) with legal professional privilege (evidentiary immunity). Another trap is assuming client instructions override the duty to the court. Watch for questions about witnesses who are clients and communication with an opponent's client.
Rule of thumb
When ethics questions arise, ask: (1) Who is the client? (2) Is there a conflict? (3) Would the conduct mislead the court? (4) Have costs been disclosed? The court duty prevails.