Clients & Ethics

The Legal Ethics Department

The Legal Ethics Department aims to raise lawyers' awareness of their professional responsibilities and to assist them through any ethical dilemmas they face, and in doing so, to justify improved public perception of lawyers generally.

Contact:
Legal Ethics Solicitor
Phone: (03) 9607 9336
Fax: (03) 9602 5270
Email: ethics@liv.asn.au
Web: http://www.liv.asn.au

The Rules

• Professional Conduct and Practice Rules
• Continuing Professional Development Rules 2008
• Supervised Legal Practice Rules 2006
• Continuing Professional Development Rules 2008 (Legal Services Board)
• Ethics Guidelines published by LIV

Barristers

• Barristers' Rules of Conduct
• Victorian Bar Continuing Professional Development Rules 2008
• Vic Bar Good Conduct Guide

Law Council of Australia Protocols:

• Australian Collaborative Practice Guidelines
• Ethical Guidelines for Mediators - 2011
• Execution of AFP Search Warrant on Lawyers' Premises
• Australian Taxation Office Access to Lawyers' Premises
• Privacy Guidelines for Lawyers
• Equitable Briefing Policy for Female Barristers and Advocates

• Legal Profession Uniform Law Application Act 2014
• Legal Profession Act 2004
• Legal Profession Regs 2005
• Public Notaries Act 2001
• Australian Solicitors' Conduct Rules - SA Version
• Legal Profession Uniform Law
•  

Recent Articles

All articles from Canadian Bar Association unless noted otherwise.

Clients

• Client Intake Resources
• Client Service: Make It More than a Buzzword
• The Last Word: When the Last Thing You Want to Do Is the First Thing You Ought to Do - the power of the apology
• Managing Client Expectations - Video
• Losing a Client Does Not Have To Be a Total Loss
• Ten steps to trust: why it matters and how lawyers can achieve it
• Calming Down an Angry Client
• How to Fire a Client
• Top 10 reasons why entrepreneurs hate lawyers (Venture Hacks)
• How Lawyers Lose Big Clients and Advice on How to Keep Yours
• Making Your Law Office Client-Friendlys
• Small Firms and Big Litigation: Know the Risks
• Prudent Client Selection - Even More Important in a Recession
• Law Firms Build Business through Client Teams and Interviews
• An Office Can Be Virtual, but Client Service Can't
• Pleased to Meet You: The New "Know Your Client" Regime
• 10 Deal Breakers for Clients
• Taming the Beast: Managing Your Clients' Expectations in a 24-7 World (Law Practice Today - ABA)

Ethics

• Is a Facebook or LinkedIn page an advertisement in the publicmedia subject to the State Bar’s advertising and communicationrules?

Resources

• Law Institute of Victoria's advice on common ethical dilemmas.
• LSSA Professional Standards' Collection of articles and resources
• Deakin University's Research Collection on Legal Ethics
• LIV Ethics Resources
• Ethics Resources from the Law Society of NSW
• Protocols and guidelines - NSW Law Society - information about self-represented parties, information barriers and leaving a legal practice.
• Papers and articles - NSW Law Society
• The Australian Professional Liability Blog
• Preventive Practice - The National Center for Preventive Law is dedicated to preventing legal risks from becoming legal problems.
• Ethics in the Electronic Era: Avoiding the Icebergs (50 Ways to Get in Ethical Trouble with Technology)
• Conflicts of Interest Toolkit

Protocols and guidelines

Published by the Law Society of NSW - To be used as a Guide only

• Best practice protocol for the conduct of legal practices and solicitors leaving firms or incorporated legal practices
• Handing over files - Tripartite agreement July 2006
• Instructions for completing the tripartite agreement
• Representation principles for children's lawyers
• Commercial Arrangements Involving Solicitors- use of Location and/or Premises to Obtain Work
• Guidelines for contact with the complainant in apprehended domestic violence and criminal matters
• Guidelines for solicitors preparing an enduring power of attorney
• Guidance on ethical issues for government solicitors
• Information barrier guidelines - March 2006
• Guidelines for solicitors dealing with self-represented parties   
• Australian Collaborative Practice Guidelines - (Law Council of Australia)
• Ethical Guidelines for Mediators - 2011 - (Law Council of Australia)
• Execution of AFP Search Warrant on Lawyers' Premises - (Law Council of Australia)
• Australian Taxation Office Access to Lawyers' Premises - (Law Council of Australia)
• Privacy Guidelines for Lawyers - (Law Council of Australia)

Commentary on Law and Ethics

• Honourable Justice Michael Kirby on the Ethics of Law
• Duncan Webb's article published in the Journal of South Pacific Law titled Ethics, Professional Responsibility and the Lawyer
• List of collections on Law and Ethics available on-line.
• Social Science Research Network - Articles on the philosophy of law and relevant to legal practice.
• Australian Association for Professional and Applied Ethics AAPAE encourages awareness of applied ethics as a significant area of concern, and fosters discussion of issues in applied ethics.
• Centre for Applied Philosophy and Public Ethics
• St James Ethics Centre - promotes and explores ethics

Complaints - LSC

Legal Services Commissioner

www.lsc.vic.gov.au

Level 9, 330 Collins Street
Melbourne Vic 3000
DX 185 Melbourne

Phone: 1300 796 344 (local call Australia-wide)
03 9679 8001

Criminal Lawyer Ethics

A common question asked of criminal lawyers is "How do you defend somebody who you think is guilty?". For an interesting discussion on this issue, see the Radio National's the Law Report's 'The Ethics of Criminal Lawyers' interview:

VCAT

Information and forms on the VCAT Legal Practice LIst