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:
Our justice system proceeds on the footing that a lawyer is not merely an agent or mouthpiece of their client, but rather exercises ‘independent judgement in the interests of the court’ (see Giannarelli v Wraith (1988) 165 CLR 543, at pp 556-7). Indeed, the paramount duty owed by lawyers to the court and the administration of justice arises from the court’s concern that it should have the assistance of independent legal representation for the parties — rather than legal representation that puts those parties’ or others’ interests above the duty to the court. (See Ipp, D A ‘Lawyers’ Duties to the Court’ (1998) 114 Law Quarterly Review 63).
Your ability to act independently is essential to the functioning of our justice system, and to your ability to fulfil your first duty to the court and the administration of justice.
The reputation of the legal profession, and the public’s confidence in it, relies on lawyers exercising the objectivity and impartiality required by the court and reflected in their professional duties (Gino Dal Pont 2016 Lawyers' Professional Responsibility, at [17.35]). The way in which you conduct yourself, and your relationship with your client, other lawyers, police officers and judicial officers not only reflects on you but also the profession as a whole. Any perceived bias or lack of objectivity undermines confidence in both your personal integrity and in the integrity of your profession.
Professional boundaries assist you to maintain your objectivity and your ability to consider your client’s position dispassionately and without fear or favour. They also allow you to provide independent, arm’s length advice, free from self-interest, direction, and undue external influences or interference.
Conversely, having a personal interest in your client or their case can adversely affect your objectivity when it comes to advising on the risks of litigation, the likelihood of success, the desirability or otherwise of a settlement, or the exercise of discretion in certain aspects of the case (see Temby & Anor v Chambers Investment Planners Pty Ltd & Anor [2010] FMCA 783, and Guss v Law Institute of Victoria Ltd [2006] VSCA 88).
Clear professional boundaries support both your emotional wellbeing and your efficacy, by enabling you to maintain your focus on your role as a client’s lawyer, rather than their ‘mouthpiece’, or their support person or ‘rescuer’. Appropriate boundaries also reduce the risk of your client developing an unhealthy dependence on you, and help to shield you from burnout.