[8] The responsibilities of a lawyer as a representative of clients, as an official of the legal system and as a citizen of public life are generally harmonious. Thus, if a counterparty is well represented, a lawyer can be a passionate lawyer on behalf of a client while assuming that justice will be done. Thus, a lawyer can also be sure that maintaining clients` trust is generally in the public interest, as people are more likely to seek legal advice and thus comply with their legal obligations if they know their communications will be private. You must comply with these rules if you are a lawyer who works as a lawyer. The purpose of the Regulation is to assist lawyers in acting ethically and in accordance with the principles of professional conduct set out in the common law and these Rules. [4] In all professional functions, a lawyer must be competent, prompt and diligent. A lawyer should maintain communication with a client through representation. A lawyer should keep confidential information about a client`s representation, unless disclosure is required or permitted by professional standards or other legislation. [15] The Rules of Procedure presuppose a broader legal context that characterizes the role of counsel. This context includes court regulations and laws relating to licensing matters, laws defining the specific obligations of lawyers, and substantive and procedural law in general. Comments are sometimes used to educate lawyers about their responsibilities under this other law.

A lawyer may not exert undue influence to favour the lawyer in favour of the lawyer in addition to the reasonable remuneration of the lawyer for the legal services provided to the client. 19.4.2 are not protected by solicitor-client privilege; and section 585 of the PCPA provides that the rules are binding on the legal professionals to whom they apply. Failure to follow the rules can result in unsatisfactory professional conduct or professional misconduct. [7] Many of the professional responsibilities of a lawyer are prescribed by the rules of ethics as well as by substantive and procedural law. However, a lawyer is also guided by the personal conscience and consent of professional colleagues. A lawyer should strive to attain the highest level of qualification, improve the law and the legal profession, and exemplify the ideals of public service advocacy. (b) the conduct of an Australian lawyer, whether in the course of the practice of law or in any other manner than in the course of the practice of law, which, if established, would justify a finding that the practitioner is not a person fit to participate in legal practice. [3] In addition to these representative functions, a lawyer may act as a neutral and non-representative third party to assist the parties in resolving a dispute or other matter. Some of these rules apply directly to lawyers who are or have acted as neutral third parties. See, for example, Rules 1.12 and 2.4.

In addition, there are rules that apply to lawyers who are not active in the practice of the law, or to practising lawyers, even if they are acting in a non-professional capacity. For example, a lawyer who commits fraud in the management of a business is subject to disciplinary action because he engages in conduct that involves dishonesty, fraud, deception or misrepresentation. See Article 8.4. [16] As with any legislation in an open society, compliance with the rules depends primarily on voluntary understanding and respect, secondarily on empowerment by peers and public opinion, and finally, if necessary, enforcement through disciplinary proceedings. However, the rules do not exhaust the moral and ethical considerations that should inform a lawyer, because no rewarding human activity can be entirely defined by legal rules. The rules only provide a framework for the ethical practice of law. From 1 October 2020, the rules governing the conduct of legal professionals and certain operations of legal practice in Tasmania will change. The adoption of the Legal Profession (Conduct of Lawyers) Rules 2020 provides a national framework for the profession in terms of ethical and professional conduct in dealing with clients, courts, fellow lawyers, regulators and others.

The Tasmanian profession is now subject to the same rules of conduct as New South Wales, Victoria, South Australia, Queensland and the ACT. “Legal Professions Legislation” means a law of a state or territory that governs legal practice and the provision of legal services.