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This document provides guidance to lawyers on what is acceptable conduct when dealing with clients and their associates, and what is appropriate and ethical to tell the police in your role as legal adviser (if anything).
We are confident that the vast majority of lawyers put in place and maintain clear professional boundaries with their clients and other parties. However, we agree with the recommendation by the Royal Commission into the Management of Police Informants (RCMPI) that specific guidance for the profession on maintaining appropriate professional boundaries is useful.
For further information and advice about maintaining appropriate professional boundaries you can:
A good indication that your professional boundaries have been compromised is if you find it difficult to provide independent, objective and dispassionate advice to your client, or you experience internal or external pressure to act in a way that conflicts with your independent judgement or other professional duties.
This section contains some useful questions to ask yourself if you’re not sure (but are concerned) that your professional boundaries with a client have been compromised or are at risk.
To determine whether your relationships with other parties may be compromising your professional judgement or ability to serve your client’s best interests, you might ask yourself the following questions:
Most lawyers are very good at putting and keeping in place professional boundaries.
Nonetheless, you might be in the early stages of your career and unsure about how to approach this – or you could be a more experienced lawyer responsible for managing complex client relationships and considering whether it is a wise idea to represent someone. In either case, we have some practical tips for you about how to avoid compromising your professional boundaries.
The expectation that you will establish and maintain professional boundaries with your clients underpins many of the duties and obligations prescribed by the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (the professional conduct rules).
At a justice system level, putting in place professional boundaries enhances your ability to comply with the following:
Professional boundaries are essential limits on the way you engage with your clients and others. They include limits on appropriate times, methods and purposes of communication, and expected standards of behaviour. They matter because professional boundaries are fundamental to the following areas:
