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It was a few nights before Christmas and all through the law firm, not a creature was stirring, not even a mouse. The quiet of the office had been caused by the recent office Christmas party which had the result of reducing so many of the staff to a state of peaceful slumber due to extensive celebrations.

As life stirred ever so slowly in the law firm, fond memories arose…and then to be replaced with total horror as clear recollections of the recent yuletide festivities began to be recalled. Gasps of incredulity with faint words whispered “…did that really happen…surely I did not say that…it must have been all a terrible nightmare….no, no, no…”.

The only problem is, they were not nightmares but words and actions that really happened. Like a ghost of Christmas past colliding with the early sunrise of reality, the hapless lawyer questions, “what should I have done, what were my conduct obligations?”

Conduct

The required conduct of every lawyer must fulfill the requisite professional standard that is subject to constant scrutiny and to comply with obligations that must be upheld.

It is a fundamental duty on every solicitor to “…not engage in conduct …which demonstrates that the solicitor is not a fit and proper person to practice law…(and/or)…bring the profession into disrepute….”[1]

When entertaining clients and also in a lawyer’s private life, the excessive consumption of alcohol or other substances can result in unacceptable behaviour and may be in breach of the fundamental duties of lawyers when applied to the ethical obligation of “avoiding any compromise to their integrity or bring the profession into disrepute” (See Rule 5 of the Australian Solicitors’ Conduct Rules).

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.

Most importantly, solicitors must ensure that their conduct during the festive season does not become unacceptable, particularly, for example, in relation to Conduct Rule 42 (anti-discrimination and harassment).

Regrettably the ghost of Christmas past has been all too ready to come back early in the New Year to haunt those whose behavior should be best avoided if not best forgotten. It may be regrettable in the future to be dealing with issues of professional conduct early in the New Year. All practitioners are encouraged to note the need for self-restraint during the festive season.

With 2024 coming to a close, the ethics team wishes all our readers best wishes for Christmas and a prosperous and ethical New Year.

The Law Society’s Professional Support Unit (PSU) 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.

Enquiries can be made to PSU by telephone, email, or in person. The contact details of the Ethics team of PSU are [email protected] or (02) 9926 0114.

Paul Monaghan is Senior Ethics Solicitor at the Law Society of NSW.

[1] Refer to the full version of – Australian Solicitors’ Conduct Rules – Rule 4 Fundamental https://www.legislation.nsw.gov.au/#/view/regulation/2015/244/part2/divadvocacyan/rule4