A critical appraisal of the 'no contact' rule

Journal article

Swannie, Bill. (2023). A critical appraisal of the 'no contact' rule. Adelaide Law Review. 44(1), pp. 246-273.
AuthorsSwannie, Bill
Abstract

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.

Year2023
JournalAdelaide Law Review
Journal citation44 (1), pp. 246-273
PublisherAdelaide Law Review Association
ISSN0065-1915
Web address (URL)https://heinonline.org/HOL/Index?index=journals%2Fadelrev&collection=journals
Page range246-273
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2023
Publication process dates
Deposited15 Nov 2023
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