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Snapshot

  • It is of crucial importance that solicitors remember to clarify at an early stage ‘who is my client’.
  • A benefit of always entering into a retainer is that the question of ‘who is my client’ does not get overlooked.
  • There is NSW precedent illustrating the risk in not considering this crucial question.

As solicitors, according to the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015, one of our fundamental duties is to act in the best interests of (our) client. In order to do so we must first determine ‘who is my client?’

While it may seem rudimentary, ignoring this basic question can have significant consequences.

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