Do you realise you have given an undertaking?

Legal practice directors of incorporated legal practices are required to ensure they have appropriate management systems in place, but the QLS Ethics and Practice Centre recommends that all practices (whether ILP, sole trader or partnership) have appropriate management systems in place.1

There are 10 areas identified in which appropriate management systems ought to be implemented in order to comply with the Legal Profession Act 2007. Monitoring undertakings is one of the 10 areas.

We each have a professional duty set out in the Australian Solicitors Conduct Rules to honour an undertaking that has been given.2

This month we are releasing some new resources, and reminding you of some existing ones, to help you ensure that you have appropriate management systems in your office. Visit this resources page to access assets such as the ‘Guide to appropriate management systems’. And keep a lookout on our QLS Solicitor Support LinkedIn Group and QLS Facebook and Instagram for further posts.

We will look at:

  • What is an undertaking?
  • When should I give an undertaking?
  • Who should give an undertaking?
  • How do I record and keep track of an undertaking that has been given or received?
  • Have you recorded your practice’s policy on the giving and receiving of undertakings in writing?

Importantly, does your support staff know what an undertaking is? Have you provided adequate training to enable your staff to identify an undertaking, and are your staff aware of who may provide an undertaking?

The Practice Advisory Service is a complimentary service for sole/micro practices across Queensland. For more information or to book a practice visit, contact the QLS Ethics and Practice Centre on 07 3842 5843 or email ethics@qls.com.au.

Footnotes
1 S117(3) Legal Profession Act 2007 (Qld).
2 Australian Solicitors Conduct Rules 2012 Rule 6.

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