ASCRs were approved by the Directors of the Law Council in June 2011 and adopted as professional rules for lawyers in South Australia, Queensland, New South Wales and Victoria (and soon Western Australia), Tasmania and the Australian Capital Territory. ASCRs have been adopted in accordance with the procedures of each jurisdiction, which vary considerably. The Northern Territory currently has its own Code of Conduct. The Legal Profession Uniform Law Application Act 2014 introduced the Legal Profession Uniform Law (NSW), which replaced the Legal Profession Act 2004 and the rules and regulations made under that Act. To learn more, click here. The following rules are out of date. See the rules relating to lawyers in the Uniform Law on the Legal Profession. Following the ASCR review, further amendments to Rule 42 (Anti-discrimination and harassment) were proposed. This new revision of Rule 42 is the result of the Law Council`s National Anti-Sexual Harassment Roundtable in July 2020 and subsequent consultations that fed into the Law Council`s National Action Plan to Reduce Sexual Harassment in the Australian Bar Association (NAP). One of the issues that emerged from the 2018-2020 comprehensive review of the ASCR was the need to clarify how to apply existing ethical principles to avoid conflicts of interest between current or current and former clients of a lawyer or law firm when providing short-term legal advisory services. For more information, please refer to Legal Council`s public consultation paper entitled Public Consultation Paper on Short-Term Assistance Services.
In March 2020, the Directors of the Legal Board approved the recommendations of the Professional Ethics Committee regarding the examination. The Legal Board is currently working with Uniform Law and other state and territorial jurisdictions to implement the revised ASCR in accordance with the processes of those jurisdictions. For more information on how the legal profession is regulated in Australia, click here. The ASCR is a statement of lawyers` professional and ethical obligations under legislation, common law and equity. However, they also express the profession`s collective vision of the standards of behaviour expected of professionals. The commentary is not intended to be the only source of information on the rules – detailed information is available from the constituent bodies of the Legal Council to understand the application of the ASCR to the variety of situations arising in legal practice. In the legal systems of the Uniform Law, Article 427, paragraph 2, of the Uniform Law empowers the Legal Council to draw up proposals for uniform rules on the exercise of rights, continuing professional development and the conduct of the legal professions, insofar as they apply to or concern lawyers. Uniform legislation is the basic operational details of uniform legislation. While the Legal Service Council establishes all the uniform rules, the responsibility for drawing up the rules is shared between different bodies. For more information on the different types of uniform rules, see the information in the Single Framework section.
In New South Wales, the practice and regulation of the legal profession is governed by the Uniform Act, which includes: Laws: Legal profession Uniform Act (NSW) Legal profession Uniform Application of Law Act 2014 Regs: Uniform Regulations of the Legal Profession, 2015 Uniform Regulations for the Application of the Laws of the Legal Profession 2015 Rules: Uniform General Rules of the Legal Profession General Rules 2015 Admission Rules Law Australian Rules of Conduct for Lawyers 2015 Rules of Legal Practice (Lawyers) 2015 Ongoing Professional Development Rules (Lawyers) 2015 The Uniform Legal Profession Act came into force in New South Wales and Victoria on 1 July 2015, creating a common market for legal services in New South Wales and Victoria. The purpose of the Uniform Act is to harmonize regulatory obligations while maintaining the local exercise of regulatory functions. It regulates the legal profession in both provinces and territories and regulates issues such as the practice of certificates, cost disclosure and settlement agreements, complaint processes and professional discipline matters, and professional development requirements. The Australian Solicitors Conduct Rules (ASCR) have been developed jointly by all state and territory bar associations and other constituent professional bodies of the Law Council, as agreed professional rules for all lawyers in Australia. A copy of the ASCR as currently in effect is available here. A copy of the consultation working document on the Legal Board review of 1 February 2018 is available here. Uniform Law of the Legal Profession Australian Rules of Conduct 2015 Uniform Rules of Conduct for the Legal Profession (Lawyers) 2015 Rule 11 of the Uniform Practice of Law (Advocates) Rules 2015 (formerly New South Wales Rule 58) requires the following forms to be used in New South Wales: The current commentary responds to the current ASCR.