A critical appraisal of the 'no contact' rule

The ‘no contact’ rule is a professional obligation which prohibits a lawyer from directly communicating with the client of an opposing lawyer, apart from certain exceptions. Breach of the rule can result in disciplinary action by a relevant regulator, with sanctions including cancellation of the lawyer’s practising certificate. This article argues that the current formulation of the rule in the Australian Solicitors’ Conduct Rules lacks clarity in several key respects, resulting in uncertainty regarding its scope and operation. Further, the rationales commonly provided for the rule provide little guidance regarding its appropriate scope. This article provides practical proposals to clarify the rule, which would benefit solicitors, clients and the general public.