The legal system is complicated and often difficult to navigate. Circumstances may arise in your life where you find yourself in a situation where you need to engage in the legal system to resolve a dispute or to document a transaction.
If you think you have a legal dispute or issue, it is essential to obtain legal advice at the earliest possible opportunity to fully understand the legal ramifications.
In NSW, all lawyers must faithfully abide by the ‘Uniform Law’, which consists of Acts, Regulations, and Rules which set out the duties owed to you by your lawyer and their various obligations.
Generally speaking, your lawyer must:
- act in your best interest at all times;
- follow your informed, lawful and competent instructions;
- deliver services competently, diligently and as promptly as reasonably possible;
- provide you with clear and timely advice;
- actively avoid any conflict of interests;
- maintain your confidentiality;
- promptly disclose any updates or changes regarding your liability for costs;
- honour all undertakings given in the course of legal practice and litigation;
- avoid any compromise to their integrity and professional independence; and
- be honest and courteous in all dealings in the course of legal practice.
It is important to recognise that your lawyer’s duty to the court and the administration of justice is paramount and prevails in the event of any inconsistency with any other duty, including to a client.
Your lawyer is guided by your express instructions. It is important that you are honest with your lawyer at all times, as the advice you receive depends on the information you give them.
Your lawyer is bound by strict confidentiality, which means that unless you grant them permission, they cannot discuss your matter with anyone, including any other party, the police, or indeed the courts.
Notwithstanding the above, it is important to understand that your lawyer cannot do anything illegal on your instructions and has an ethical obligation not to mislead the court or waste the court’s time. A lawyer is not permitted to be a mere mouthpiece for their client.
As is the case in all professions, lawyers are sometimes found to have neglected their duty of care to their clients.
If you consider that your lawyer has provided you with negligent advice and representation, is important to seek a second opinion from an independent lawyer at the earliest opportunity.
