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Legal Profession (Professional Conduct) Rules 2015: A Commentary (2nd Edition)

Year of Publication: 2022
Month of Publication: 4
Author(s): Jeffrey Pinsler SC
Research Area(s): Civil Law
Publisher: Academy Publishing
Abstract:

With the increasing importance of alternative dispute resolution (“ADR”), specific rules of ethics to govern ADR was incorporated in the PCR in 2017. New provisions that govern the conduct of lawyers in family proceedings were also incorporated in the PCR in 2018. These PCR amendments include:

- Rule 8A that governs the responsibilities of legal practitioners when engaging in ADR proceedings.

- Rule 17(2)(e) that was amended by the addition of a new sub-paragraph (rule 17(2)(e)(ii)), to require the lawyer to evaluate the use of ADR processes with his or her client.

- Rules 49A and 49B concern ethical issues arising from third-party funding.

- Rule 35(8), which concerns the definition of “management” in the context of the management and operation of a law practice, was amended in the interest of certainty and clarity.

- Rule 15A aims to ensure that lawyers approach family proceedings in a manner that is constructive and conciliatory, inform their clients about ADR choices, positively advise their clients to consider an amicable resolution of family proceedings whenever reasonably possible, and, where a child is involved, prioritise his or her welfare in the lawyer’s approach to the case and by advising the client of this legal priority.

- Rule 15B addresses the conflict of interests that may arise when the lawyer has acted as a child representative or parenting coordinator in any family proceedings.

By reading this book, members of the public would gain a full understanding of the responsibilities of lawyers towards clients. Building on the success of the first edition, this second edition will continue to be an invaluable and indispensable aid to the understanding of the unprecedented dynamics of professional conduct in modern legal practice.

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