The Solicitors’ Conduct Rules: a plain-English map for law firm owners

On This Page

1. Which version applies where
2. The whole map, in plain English
3. What the latest amendments changed
4. The rules your marketing and intake touch
5. Which rule applies?
6. A principal’s checklist
7. Where to get a ruling
8. My view
9. Questions I get asked

The Australian Solicitors' Conduct Rules are 43 rules most principals last read properly for their practice management course. This guide is a plain-English map of all of them, followed by the dozen rules that a small firm's website, enquiry form, referral deals and social media actually run into. It covers which version applies in your state, what the latest amendments to rules 8 and 13 changed, and where to ring when you're not sure. I build law firm websites, so I see these rules from the marketing and intake side. Everything here comes from the rules themselves and the Law Council's own commentary. If you're after the advertising rule specifically, my law firm website checklist covers rule 36 in detail.

Which version applies where

The Law Council of Australia wrote the rules, and each jurisdiction adopts them under its own law. The text is close to identical everywhere, with a few local differences.

Scroll the table sideways to see every column.

One trap: the Law Council's own compiled PDF numbers a few subrules differently from the NSW instrument. Its commentary uses the NSW numbers, so do the same when you look something up.

The whole map, in plain English

Pick a part. The headings are the rules' own; the one-line summaries are mine.

What the latest amendments changed

The two changes came with the anti-money laundering rules that now cover many law practices. The Law Council says they don't create new ethical duties; they spell out what the rules already required.

• Rule 8.1 used to say a solicitor "must follow" lawful, proper and competent instructions. It now says "must only accept and follow" them. The Law Council's commentary says this applies before you accept instructions from a prospective client, not just once you're acting.
• Rule 13.4 now defines "just cause" for ending an engagement. It includes instructions that would make you breach your duties, any situation where you can no longer act in the client's best interests, and a client not providing information you need to meet your statutory obligations.
• Retainer agreements in NSW, Victoria and WA should now tell clients you have statutory obligations that can include reporting, that you may end the retainer if continuing would breach your duties, and that the law may stop you giving reasons. This is a new rule in the separate Legal Practice (Solicitors) Rules, not the conduct rules.

Rule 36 on advertising didn't change. The commentary's examples of what isn't just cause are worth knowing: "administrative convenience, loss of interest in the matter, or an offer for more remunerative work".

The rules your marketing and intake touch

Your enquiry form (rules 9 and 10)

The commentary says information from a prospective client "remains confidential" even if no retainer follows. The glossary's definition of "former client" includes someone who "has provided confidential information to a solicitor, notwithstanding that the solicitor was not formally retained". Under rule 10.2, that can stop you acting against them later. The usual way out is an information barrier, but the commentary says it's "likely to be only larger law practices" that can run one. For a small firm, the practical fix is collecting less. Ask for name, contact details, the other party's name for a conflict check and the type of matter, and ask people not to send the details yet.

Taking the client on (rules 8 and 13)

You can "only accept" lawful, proper and competent instructions. "Competent" includes the client's capacity: the commentary says you must not act if you're not reasonably satisfied they have it. If you're a reporting entity under the anti-money laundering rules and a client won't give you what your checks need, rule 13.4 now lists that as just cause to end the engagement on reasonable notice.

Advice and updates (rule 7)

Communication is one of the three most common kinds of complaint the NSW regulator receives about solicitors. Rule 7 asks for "clear and timely advice" so the client can make informed choices, and for telling them about alternatives to a fully contested hearing. Your website's "we'll fight it all the way" copy sits awkwardly next to that.

Referral partners (rule 12)

• Receiving a commission from a financial planner, real estate agent or anyone you refer clients to (rule 12.4.3): tell the client a commission or benefit may be payable and what it is, that they can refuse the referral, and get their informed consent. The commentary strongly urges doing it in writing and suggesting independent advice.
• Paying a referral fee (rule 12.4.4): disclose it to the client first. The commentary urges writing here too.
• Statutes go further. The commentary lists bans on personal injury referral fees in Queensland, WA and the NT, and an effective ban on conveyancing referral fees in South Australia.

Case studies, client names and reviews (rules 9 and 28)

Confidentiality survives the retainer and covers facts that are already public. The commentary cites a practitioner who was struck off after giving a media interview about a former client's publicly known criminal matters. For case studies, it says to remove anything that could identify the client and get their consent "wherever reasonably possible". I found no Australian guidance on client logo walls, so treat a client's name as confidential unless they agree. Replies to online reviews should contain no matter details at all.

Rule 28 adds a timing point: proceedings stay "current" while there's "still the real possibility of an appeal". A "we won" post the day after judgment can be too early.

The other side, and people in trouble (rules 33 and 34)

Don't contact a represented person about the matter, by any channel, unless their lawyer consents, it's genuinely urgent and not unfair, you're only asking whether they're represented, or their lawyer hasn't replied to notice in a reasonable time. Letters of demand can't threaten a criminal or disciplinary complaint to get a civil debt paid. And rule 34.2 is a marketing rule outside rule 36: no seeking instructions in a way likely to oppress or harass someone at a disadvantage because of recent trauma or injury.

Staff and tools (rule 37)

The solicitor responsible for a matter must reasonably supervise "solicitors and all other employees" providing the legal services, and the glossary's "employee" includes contractors and casuals. The commentary also warns you can't contract out of your obligations to a technology provider. If a receptionist or a chat tool answers enquiries, someone has to own what it says.

Which rule applies?

Tap each card for my reading of the rule. These are everyday situations, not advice on a live matter.

A principal's checklist

Each item comes from the rule named. Your ticks save in this browser.

Where to get a ruling

The Law Council publishes a commentary on the rules. It's long, it's the best plain explanation of each rule, and it says it isn't part of the rules. Each law society runs an ethics service: the Law Society of NSW Professional Support Unit, the LIV's ethics team, the QLS Ethics and Practice Centre, and equivalents in WA, SA, the ACT, Tasmania and the NT. Rule 9.2.3 lets you discuss a real matter with them in confidence.

My view

Most of these rules don't care what your website looks like. The ones that do are about what you collect, what you say about clients and who you pay. The changes I'd make on most small firm websites are a shorter enquiry form with a "don't send details yet" line, case studies with consent, and a written referral disclosure. None of them cost much, and each one heads off a problem before it starts.

Questions I get asked

What are the Australian Solicitors' Conduct Rules?

The national professional conduct rules for solicitors, written by the Law Council of Australia and adopted in every state and territory. A breach can be unsatisfactory professional conduct or professional misconduct.

What changed in the latest amendments?

Rule 8.1 now says solicitors must "only accept and follow" lawful, proper and competent instructions, and rule 13.4 defines "just cause" for ending an engagement. Rule 36 on advertising didn't change.

Can a solicitor act against a former client?

Not if they hold confidential information of the former client that's material to the new matter, unless the former client gives informed consent or there's an effective information barrier (rule 10.2).

What are the exceptions to confidentiality under rule 9?

Six: the client authorises it, the law permits or compels it, getting confidential ethics advice, avoiding a probable serious criminal offence, preventing imminent serious physical harm, and disclosure to your insurer.

Can a solicitor receive referral fees?

Yes, with disclosure and the client's informed consent under rule 12.4.3. Some statutes ban them, for example personal injury referral fees in Queensland, WA and the NT.