Fundamental duties of solicitors
This section contains Rules 3, 4, 5 and 6.
3. Paramount duty to the court and the administration of justice
- A solicitor’s duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty.
4. Other fundamental ethical duties
- A solicitor must also:
- act in the best interests of a client in any matter in which the solicitor represents the client;
- be honest and courteous in all dealings in the course of legal practice;
- deliver legal services competently, diligently and as promptly as reasonably possible;
- avoid any compromise to their integrity and professional independence; and
- comply with these Rules and the law.
5. Standard of conduct - dishonest and disreputable conduct
- A solicitor must not engage in conduct, in the course of legal practice or otherwise, which:
- demonstrates that the solicitor is not a fit and proper person to practise law; or
- is likely, to a material degree to:
- be prejudicial to, or diminish the public confidence in, the administration of justice; or
- bring the profession into disrepute.
6. Undertakings in the course of legal practice
- A solicitor who has given an undertaking in the course of legal practice must honour that undertaking and ensure the timely and effective performance of the undertaking, unless released by the recipient or by a court of competent jurisdiction.
- A solicitor must not seek from another solicitor, or that solicitor’s employee, associate, or agent, undertakings in respect of a matter, that would require the co-operation of a third party who is not party to the undertaking.