Relations with other solicitors

A solicitor must not take unfair advantage of the obvious error of another solicitor or other person, if to do so would obtain for a client a benefit which has no supportable foundation in law or fact.

Unless otherwise permitted or compelled by law, a solicitor to whom material known or reasonably suspected to be confidential is disclosed by another solicitor, or by some other person and who is aware that the disclosure was inadvertent must not use the material and must:
1. return, destroy or delete the material (as appropriate) immediately upon becoming aware that disclosure was inadvertent; and
2. notify the other solicitor or the other person of the disclosure and the steps taken to prevent inappropriate misuse of the material.
A solicitor who reads part or all of the confidential material before becoming aware of its confidential status must:
1. not disclose or use the material, unless otherwise permitted or compelled by law,
2. notify the opposing solicitor or the other person immediately, and
3. not read any more of the material.
If a solicitor is instructed by a client to read confidential material received in error, the solicitor must refuse to do so.

A solicitor must not make an allegation against another Australian legal practitioner of unsatisfactory professional conduct or professional misconduct unless the allegation is made bona fide and the solicitor believes on reasonable grounds that available material by which the allegation could be supported provides a proper basis for it.

A solicitor must not in any action or communication associated with representing a client:
1. make any statement to another person:
  1. which grossly exceeds the legitimate assertion of the rights or entitlements of the solicitor's client, and
  2. which misleads or intimidates the other person,
2. threaten the institution of a criminal or disciplinary complaint against the other person if a civil liability to the solicitor's client is not satisfied; or
3. use tactics that go beyond legitimate advocacy and which are primarily designed to embarrass or frustrate another person.
In the conduct or promotion of a solicitor's practice, the solicitor must not seek instructions for the provision of legal services in a manner likely to oppress or harass a person who, by reason of some recent trauma or injury, or other circumstances, is, or might reasonably be expected to be, at a significant disadvantage in dealing with the solicitor at the time when the instructions are sought.

If a solicitor instructs a third party on behalf of the client, and the solicitor is not intending to accept personal liability for payment of the third party’s fees, the solicitor must advise the third party in advance.

Australian Solicitors' Conduct Rules