A Civil Practice - Good Counsel for Learned Friends

Important amendments to the Legal Profession (Professional Conduct) Rules 2015 have been introduced since the first edition of the book was published in 2016. These developments are addressed in this second edition. These include:

• Rule 8A, which governs the responsibilities of legal practitioners when engaging in alternative dispute resolution (“ADR”) proceedings.
• Rule 17(2)(e)(ii), which requires the lawyer to evaluate the use of ADR processes with his or her client so that the client is in a position to make the right choice about whether to go to court or to resolve his or her case without litigation.
• Rules 49A and 49B, which concern ethical issues arising from third‑party funding.
• Rule 35(8), which concerns the definition of “management” in the context of the management and operation of a law practice.
• Rule 15A, which aims to ensure that lawyers approach family proceedings in a manner that is constructive and conciliatory in the interests of their clients (especially the children involved).
• Rule 15B, which addresses the conflict of interests that may arise when the lawyer has acted as a child representative or parenting coordinator in family proceedings. If the lawyer acts in either capacity, he or she would have a specific duty to the court and would need to exercise his responsibilities in a neutral and objective role.