Law Society of New South Wales:

The Law Society of New South Wales is the peak representative body for legal practitioners in the state. The maintenance of professional standards is of course one of its chief concerns. Given that this is a representative body for lawyers, compliance with the law and legal requirements is a particularly sensitive matter for solicitors in practice.

Faith in the law is as important as the function of the law itself. This is because the public will not respect a law if that law fails to have any public legitimacy. This failure of legitimacy can both be the function of social and moral corruption or feed that very corruption to begin with. Either way, those who practice in the law have a very special duty to maintain the highest legal standards so that this cycle of decay is avoided.

Accordingly, the Law Society has an interest in fostering a culture of competence and professionalism among its members. In so doing, it has provided clear guidelines for legal practitioners to abide by. Any claim against a solicitor or a lawyer that alleged professional negligence can result in a finding of unprofessional conduct or professional misconduct. These matters are determined according to the industry standard of care. That standard of care, which is often referred to as a “duty of care”, can be found in the various policies and documents published by the Society. For example, the Society’s Statement of Ethics declares the following:

“We acknowledge the role of our profession in serving our community in the administration of justice. We recognise that the law should protect the rights and freedoms of members of society. We understand that we are responsible to our community to observe high standards of conduct and behaviour when we perform our duties to the courts, our clients and our fellow practitioners.

• “Our conduct and behaviour should reflect the character we aspire to have as a profession;
• “This means that as individuals engaged in the profession and as a profession;
• “We primarily serve the interests of justice;
• “We act competently and diligently in the service of our clients;
• “We advance our clients' interests above our own;
• “We act confidentially and in the protection of all client information;
• “We act together for the mutual benefit of our profession;
• “We avoid any conflict of interest and duties;
• “We observe strictly our duty to the Court of which we are officers to ensure the proper and efficient administration of justice;
• “We seek to maintain the highest standards of integrity, honesty and fairness in all our dealings; and
• “We charge fairly for our work.” [1]

The Law Society treats these matters very seriously and has designed programmes to educate their members about ethical matters in the legal industry [2] as well as provides a brief Ethics online FAQ for guidance relating to “Confidentiality”, “Conflict of Interest”, “Duty to Client (improper instructions and unlawful activity)”, “Duty to disclose professional conduct of colleagues”, “Professional rapport, tactics and communications with colleagues.” [3] The Society also provides an Ethics Assistance Line which “provides solicitors with practical and confidential guidance to resolve ethical dilemmas and to help avoid complaints from clients or colleagues.” [4] The Society’s Ethics Unit “is staffed by a team of experienced Ethics Solicitors. They provide prompt and reasoned information to solicitors in line with established ethical and legal principles.” [5]

That last point in the Statement of Ethics goes to the billing and invoicing of clients. For more information about complaints relating to solicitors billing, see our section titled “Legal Fees Cost Assessment”. For other matters, please see our other section titled “Lawyers and Solicitors”.

In the event that a legal practitioner believes that there some ethical or other professional issue may have arisen in the conduct of their duties, it is highly advisable to contact a solicitor who has experience in dealing with professional and negligence matters for advice and guidance. A complaint can have devastating effects on the practitioner’s career, business and personal reputation.

Likewise, if an individual feels that they have had their matter treated by a lawyer in a negligent manner, it is of utmost importance to review the facts against the relevant professional standards and the law. Failure to do so may prejudice the claim or result in remedies no longer being available.

If you require help or professional guidance concerning a dispute which involves the Law Society, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors.

[1] Statement of Ethics of the New South Wales Law Society (Proclaimed 28 May 2009). This material can be found on the Law Society website located on <www.lawsociety.com.au> (accessed 20 November 2013).

[2] “Ethics Education” Law Society of New South Wales website (undated) <www.lawsociety.com.au> (accessed 20 November 2013).

[3] “Ethics FAQ” Ibid.

[4] “Ethics Assistance Line” Ibid.

[5] “About the Ethics Unit” Ibid.

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