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Solicitors' Rules, made under the 1987 Act which are deemed (by virtue of Schedule 9 clause 24 of the 2004 Act) to have been made under the 2004 Act Blue links are a summary of the content within each area. Please click on a red link for more information.
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Running Your Practice - Legal
 


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The Law Society of New South Wales Professional Conduct And Practice Rules Legal Profession Act 1987

The Revised Professional Conduct and Practice Rules 1995 commenced on 11 December, 1995.

The Revised Professional Conduct and Practice Rules 1995 were made by the Council of the Law Society of New South Wales, pursuant to its power under section 57B of the Legal Profession Act 1987, on 24 August, 1995.

The Rules replaced those Rules published in the Government Gazette of Friday, 10 June, 1994 and the amendments to those rules subsequently made and published prior to 24 August, 1995.

Where appropriate, a link to a history of amendments, deletions and alterations follows each Rule.

Introduction
 
Definitions
 
Relations with clients Rules 1-16
Statement of Principle for Rules 1-16
1 - Acceptance of retainer - Instructions to act or provide a legal service
2 - Confidentiality
3 - Acting against a former client
4 - Practitioners employed otherwise than by a practitioner
4A. Supervised Legal Practice
5 - Termination of retainer
6A - Legal Aid Application - Criminal proceedings
6B - Legal Aid: Court of Criminal Appeal proceedings
7 - Litigation lending
8 - Ownership of clients' documents - Termination of retainer
9 - Acting for more than one party
10 - Avoiding a conflict between a client's and a practitioner's own interest
11 - Receiving a benefit under a will or other instrument
12 - Practitioner and client - Borrowing transactions
13 - File register
14 - Safe custody registers
15 - Register of financial interests
16 - Inspection of registers
 
Practitioner's Duties to the Court - Rules 17-24
Statement of Principles for Rules 17-24
17 - Preparation of affidavits
18 - Duty not to influence witnesses
19 - Practitioner a material witness in client's case
20 - Admission of guilt
21 - Admission of perjury
22 - Bail
23 - Advocacy Rules
23A
24 - Former judicial officer resuming practice
 
Relations with other practitioners - Rules 25-31A
Statement of Principles for Rules 25-31A
25 - Communications
26 - Undertakings
27 - [Undertakings]
28 - [Undertakings]
29 - Taking over a matter from another practitioner
30 - Transfer of a practitioner's practice
31 - Communicating with another practitioner's client
31A - Place of settlement
 
Relations with third parties - Rules 32-36
Statement of Principles for Rules 32-36
32 - Contracting for services
33 - Undertakings
34 - Communications
35 - Debt collection or mercantile agencies
36 - Practitioner members of local government councils
 
Legal Practice - Rules 37-45
37 - Conducting another business
38 - Referral fees - Taking unfair advantage of potential clients - Commissions
39 - Sharing receipts (section 48F)
40 - Multi-disciplinary partnerships (section 48G)
41 - Stationery - Business name
42 - MCLE
43 - Sharing of premises
44 - Conducting a branch office
45 - Solicitors advising on loan or security documents
 
History of amendments to the Solicitors Rules
History of amendments to Definitions
History of amendments to Rule 1
History of Amendments to Rule 4
History of amendments to Rule 5
History of amendments to Rule 8
History of Amendments to Rule 11
History of amendments to Rule 12
History of Amendments to Rule 13
History of Amendments to Rule 15
History of Amendments to Rule 16
History of amendments to Rule 18
History of amendments to Rule 29
History of amendments to Rule 30
History of Amendments to Rule 31
History of amendments to Rule 31A
History of amendments to Rule 39
History of amendments to Rule 40
History of amendments to Rule 42
History of amendments to Rule 45
 
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