33. Communication with another solicitor's client
- In representing a client, a solicitor shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another practitioner unless:
- the other practitioner has previously consented;
- the solicitor believes on reasonable grounds that:
- the circumstances are so urgent as to require the solicitor to do so; and
- the substance of the communication would not be unfair to the opponent’s client;
- the communication is solely to enquire whether the other party or parties to a matter are represented and, if so, by whom; or
- there is notice of the solicitor’s intention to communicate with the other party or parties, but the other practitioner has failed, after a reasonable time, to reply and there is a reasonable basis for proceeding with communication.
Guidance statements
It is important to be aware of your ethical obligations when being asked to provide a ‘second opinion’ by a client of another solicitor. *Updated 31 October 2024
This Guidance Statement considers some of the ethical issues when applying the ‘no contact rule’ to an opposing client who is an individual.*Updated 1 November 2024
This Guidance Statement considers some of the ethical issues when applying the ‘no contact rule’ to an opposing client who is an organisation. *Updated 22 October 2024
This Guidance Statement raises the ethical issues practitioners should consider when engaging in social media.*Updated 30 October 2024
This Guidance Statement provides assistance to solicitors in complying with their ethical duties when dealing with the transfer of files to another practitioner or their client. *Updated 22 October 2024
Practice tips
No contact rule still applies to e-signing