Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Proper purpose


A lawyer must use legal processes only for proper purposes. A lawyer must not use, or knowingly assist in using, the law or legal processes for the purpose of causing unnecessary embarrassment, distress, or inconvenience to another person’s reputation, interests, or occupation.1

Schedule rule 2.3 footnote: amended, on 1 July 2016, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2016 (LI 2016/157).

1 Examples of the breaches of the rule might include: issuing a statutory demand under the Companies Act 1993, knowing that (or failing to make inquiries whether) the debt is bona fide disputed; registering a caveat on a title to land knowing that (or failing to inquire whether) there is not a “caveatable interest” on the part of the client to be protected; and serving documents in a way that causes unnecessary embarrassment or damage to the person’s reputation, interests, or occupation.