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Lawyers are defined by their ethics. What makes a legal profession and separates lawyers from the general population is the required conduct of the legal practitioner when engaged in legal practice.

This is conduct that must fulfill a requisite professional standard that is subject to constant scrutiny and to comply with obligations that must be upheld.

A common question is when does the work as a Lawyer start and when does it stop?

It is a fundamental duty that “…a solicitor must be honest and courteous in all dealings in the course of legal practice… and avoid any compromise to their integrity and professional independence….”[1]

All activities a lawyer is involved in, carry with it the obligation upon every lawyer to comply with these fundamental duties. These obligations can be applied in several areas to illustrate how wide this latitude can be.

The use of social media can be an everyday pastime by many lawyers, however it cannot be used in an irresponsible way. Any action involving the misuse of social media must be avoided. It is more that the requirement of “…..not publish or take steps towards the publication of any material concerning current proceedings which may prejudice a fair trial or the administration of justice….”.

Care must always be shown to ensure a ‘responsible use’ of social media. It is essential to avoid using social media in a harmful manner. Avoiding unfair comment, bullying “trolling’ or comment likely to bring the legal profession into disrepute must be avoided.

Entertaining clients and in a lawyer’s private life, the use of ‘recreational drugs’ is in breach of the fundamental duties of lawyers when applied to the ethical obligation of “…avoiding any compromise to their integrity……” with a simple message of “…lawyers do not do drugs, that is what clients do…” and should be a message that clearly defines the professional standing of every lawyer.

It is worth noting the legal profession attracts some of the brightest and best members of society and with such an elite standing there is an added responsibility to maintain the professional standards that make the legal profession.

The Law Society’s Professional Support Unit provides free and confidential guidance to all solicitors regarding their obligations under the Legal Profession Uniform Law in the areas of costs, ethics and regulatory compliance.

Costs: [email protected] or (02) 9926 0116

Ethics: [email protected] or (02) 9926 0114

Regulatory Compliance: [email protected] or (02) 9926 0115

[1] Refer to the full version of – Australian Solicitors’ Conduct Rules – Rule 4: Other fundamental duties https://www.legislation.nsw.gov.au/#/view/regulation/2015/244/part2/divadvocacyan/rule2