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

Provision of information

3.4

A lawyer other than a barrister sole must, in advance3, provide in writing to a client information on the principal aspects of client service including the following:

(a)

the basis on which the fees will be charged, when payment of fees is to be made, and whether the fee may be deducted from funds held in trust on behalf of the client (subject to any requirement of regulation 9 or 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008):

(b)

the professional indemnity arrangements of the lawyer’s practice. This obligation is met if it is disclosed that the practice holds indemnity insurance that meets or exceeds any minimum standards from time to time specified by the Law Society. If a lawyer or a practice is not indemnified, this must be disclosed in writing to the client:

(c)

the coverage provided by the Lawyers’ Fidelity Fund and if the client’s funds are to be held or utilised for purposes not covered by the Lawyers’ Fidelity Fund, the fact that this is the case:

(d)

the procedures in the lawyer’s practice for the handling of complaints by clients, and advice on the existence and availability of the Law Society’s complaints service and how the Law Society may be contacted in order to make a complaint.

Heading above Schedule rule 3.4: replaced, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

Schedule rule 3.4: replaced, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

3.4A

A barrister sole must, in advance4, provide in writing to a client information on the principal aspects of client service including the following:

(a)

The basis on which the fees will be charged, and when payment of fees is to be made.

(b)

The professional indemnity arrangements of the barrister sole. This obligation is met if it is disclosed that the barrister sole holds indemnity insurance that meets or exceeds any minimum standards from time to time specified by the Law Society. If a barrister sole is not indemnified, this must be disclosed in writing to the client.

(c)

The fact that the Lawyers’ Fidelity Fund does not provide any cover in relation to a barrister sole as he or she does not hold client’s funds.

(d)

The procedures in the barrister sole’s practice for the handling of complaints by clients, and advice on the existence and availability of the Law Society’s complaints service and how the Law Society may be contacted in order to make a complaint.

Schedule rule 3.4A: inserted, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

3.5

A lawyer other than a barrister sole must, prior to undertaking significant work under a retainer, provide in writing to the client the following:

(a)

a copy of the client care and service information set out in the preface to these rules; and

(b)

the name and status of the person or persons who will have the general carriage of, or overall responsibility for, the work; and

(c)

any provision in the retainer that limits the extent of the lawyer’s or the practice’s obligation to the client or limits or excludes liability. The terms of any limitation must be fair and reasonable having regard to the nature of the legal services to be provided and the surrounding circumstances.

Schedule rule 3.5: replaced, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

3.5A

A barrister sole must, prior to undertaking significant work under a retainer, provide in writing to the client the following:

(a)

a copy of the client care and service information set out in the preface to these rules; and

(b)

any provision in the retainer that limits the extent of the barrister sole’s obligation to the client or limits or excludes liability. The terms of any limitation must be fair and reasonable having regard to the nature of the legal services to be provided and the surrounding circumstances.

Schedule rule 3.5A: inserted, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

3.6

If information provided by a lawyer in terms of rule 3.4 or 3.5 becomes inaccurate in a material respect, the lawyer must ensure that the information is updated with due expedition. Rules 3.4 and 3.5 are complied with where a lawyer has previously provided a client with the information required and the information remains accurate.

Schedule rule 3.6: replaced, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

3.6A

If information provided by a barrister sole in terms of rule 3.4A or 3.5A becomes inaccurate in a material respect, the barrister sole must ensure that the information is updated with due expedition. Rules 3.4A and 3.5A are complied with where a barrister sole has previously provided a client with the information required and the information remains accurate.

Schedule rule 3.6A: inserted, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

3.7

Rules 3.4, 3.4A, 3.5, and 3.5A do not apply—

(a)

where the lawyer is instructed by another lawyer or by a member of the legal profession in an overseas country, unless the fee information or other advice is requested by the instructing lawyer or member of the legal profession, as the case may be; or

(b)

if it is, in the circumstances, impracticable for the lawyer to provide the information referred to in those rules; or

(c)

if there is no reasonable likelihood that the client will understand the information because the client—

(i)

is of a young age; or

(ii)

is a person with a mental health issue or disability; or

(d)

in respect of regulated services rendered by an in-house lawyer to his or her employer where the in-house lawyer is engaged under an employment agreement.

Schedule rule 3.7: replaced, on 1 July 2015, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2015 (LI 2015/187).

3 The expression ‘in advance’ is contained in section 94(j) of the Act. Accordingly, lawyers are recommended to provide the information set out in rule 3.4 prior to commencing work under a retainer.

4 The expression ‘in advance’ is contained in section 94(j) of the Act. Accordingly, lawyers are recommended to provide the information set out in rule 3.4 prior to commencing work under a retainer.