ACT Law Soc consults on planned changes to Solicitors’ Conduct Rules

• Accept and follow only client instructions that are lawful, proper, and competent 
• Deal timely, openly, and frankly with the relevant regulatory authority, subject only to their duty to the client 

The rules, as proposed, also addressed possible conflicts of duties regarding a solicitor’s existing clients. 

Under the duty of confidentiality, if a solicitor acts for multiple clients in the same or related matters and the solicitor possesses information confidential to a client that might reasonably be material to another client’s matter and detrimental to the first client’s interests if disclosed, the solicitor cannot act for the other client unless each client’s informed consent will: 

• Allow the information’s disclosure and use for the other client’s benefit, or 
• Require the establishment and maintenance at all times of an effective information barrier to protect each client’s confidential information 

One exception to the rule that a solicitor with designated responsibility for a client’s matter should complete the legal services for that matter is if the law practice has terminated the engagement for just cause and on reasonable notice. Under the rules, “just cause” includes: 

• instructions requiring – or circumstances where continuing the engagement would cause – a solicitor to breach ethical duties and professional responsibilities 
• circumstances where a solicitor can no longer act in the client’s best interests 
• circumstances where a client has not provided all the requested information, as required for the solicitor to meet their statutory obligations