Proctor recently reported on a decision of the Supreme Court to restrain a solicitor and his firm from acting against a former client. The finale to that application has played out as expected, with the court ordering the solicitor and his firm to pay the costs of the restraint application.
Given that the costs being sought appear to be in the hundreds of thousands of dollars, this argument over conflict was expensive for all concerned – and it need not have been. Queensland Law Society provides a free and quick process to QLS members to assist in the resolution of such matters, via the Non-binding Ethics Ruling Service.
The service provides guidance to practitioners where there is a dispute between two Australian legal practitioners (at least one of whom is a QLS member), or their respective law practices, regarding an ethical issue. The rulings are made by members of the QLS Ethics Advisory Committee, who have particular expertise in such issues.
Although not binding, the rulings are a useful guide as to what might happen should a court have to decide the matter – with the advantage that non-binding ethics rulings are free, and take only five to six weeks to be handed down.
Naturally, not all disputes will be suited to this avenue of resolution, and rulings may not be accepted by one of the parties, but in circumstances where practitioners or law firms are in dispute over an ethical issue this service may be the best way to resolve the situation.
In any event it is a quick and cost-effective way to get an independent assessment of the issues.
Practitioners interested in accessing the service can click on the link above, or contact the Ethics Centre at ethics@qls.com.au for further information.
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