If instructed to start proceedings against another solicitor (be it for breach of contract, negligence or any other action, claim or application), do you owe a duty to warn the other solicitor of the intention to bring the proceeding?
There is no specific conduct rule that requires this. One of our fundamental duties is to be courteous in all dealings in the course of legal practice.1 This duty would be broad enough to suggest that notification of intention to commence proceedings would be desirable. If aware that the other solicitor is represented then it would also be normal courtesy to enquire if the representative holds instructions to accept service rather than merely arranging personal service directly.
If a client, however, instructs you not to advise the solicitor of the proceedings then such instructions should be followed. However, it is recommended that you discuss with the client the benefit of following the courtesy discussed in this note.
Although there is no express conduct rule that relates to this issue, the courtesy referred to above is reflective of the collegiate nature of the profession.
1 Australian Solicitors Conduct Rules 2012 (Qld) r 4.1.3.