Guidelines

The Law Society has developed an extensive library of Ethics and other Guidelines for the use of all South Australian legal practitioners.

The purpose of the Guidelines is to provide practitioners with a starting point for seeking information about certain scenarios, but they are not an exhaustive statement of all ethical obligations or all factual circumstances. 

If you need specific advice in relation to a certain set of facts, please contact the Ethics and Practice business unit for advice that suits your particular circumstances.
 
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Jul 8, 2019 – This Guide is designed to provide an overview of the development of the AML/CTF regime in Australia. The first sections set out the history of the regime and describe some of the obligations and sanctions that apply to reporting entities covered by t
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Jul 8, 2019 – The Law Society of South Australia has developed the following guidelines which set out the rights and responsibilities of police and legal practitioners whilst the suspect remains on police premises
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Jul 8, 2019 – This is also a practical guide to assist legal practitioners when they have doubts about their client’s “legal” capacity to give them instructions or to make their own legal decisions. This may be because of illness, intellectual disability, mental
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Jul 8, 2019 – The purpose of this Guideline is to provide practitioners with a starting point for seeking general information regarding the storage, closing and destruction of files.
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Jul 8, 2019 – The purpose of these Guidelines is to provide practitioners with a starting point for seeking general information about their professional obligations surrounding cloud computing.
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Jul 8, 2019 – These Guidelines are for legal practitioners who operate a practice from home, but can also assist those practitioners working from home away from their office in relation to issues of client confidentiality and privacy, and duties to the court and t
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Jul 8, 2019 – The purpose of this Guideline is to provide legal practitioners with a starting point for exploring the risks and opportunities presented by cryptocurrency.
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Jul 8, 2019 – The purpose of this Guideline is to provide practitioners with a starting point for seeking general information. It is not an exhaustive statement of all the relevant ethical obligations that might apply to specific circumstances.
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Jul 8, 2019 – The purpose of this Guideline is to provide practitioners with a starting point for seeking general information regarding the employment of Paralegals/ Specialist Law Clerks.
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Jul 8, 2019 – Social media presents both opportunities and challenges for legal practitioners by easily and inexpensively allowing legal practitioners to interact with others and the public generally. The purpose of these Guidelines is to assist practitioners in a
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Jul 8, 2019 – The Law Council of Australia supports measures to improve the retention within the profession of women barristers and wishes to ensure the efficacy of the existing Law Council equitable briefing policy by amending that policy by the introduction of m
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Jul 8, 2019 – General Guidelines Between the Australian Federal Police and the Law Council of Australia as to the Execution of Search Warrants on Lawyers' Premises, Law Societies and like Institutions in Circumstances where a Claim of Legal Professional Privilege
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Jul 8, 2019 – Under s 21(3)(g) of the Legal Practitioners Act 1981 (“the Act”) a Judicial Officer may grant leave to appear to an unauthorised person if the relevant Court Rules allow for this to occur. Members of the judiciary have an over-riding discretion to g
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Jul 8, 2019 – South Australian practitioners who are considering practising or establishing a law practice in a foreign jurisdiction should be aware that regulatory regimes in other countries can differ significantly to those in Australia.
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Jul 8, 2019 – Bidding for legal work and engaging with legal brokers raises ethical issues that require consideration by legal practitioners before participation.
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Jul 8, 2019 – The purpose of this Guideline is to provide practitioners with a starting point for seeking general information regarding handling the departure of a legal practitioner and the dissolution of law practices.
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Jul 8, 2019 – Their aim is to assist law practices guard against the risk of a breach of the duty of confidentiality owed to former clients.
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Aug 23, 2018 – The purpose of this Guideline is to provide legal practitioners with a starting point for identifying warning signs of insolvency in their practice, how to avoid or manage it and how it can impact upon their ability to practise law.
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Jul 8, 2019 – This document provides a set of six protocols, some related discussion and tips for a legal practice that is culturally attuned to Aboriginal peoples’ requirements. It is primarily aimed at lawyers who service Aboriginal people in South Australia whe
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Jul 8, 2019 – These Guidelines aim to assist providers of legal services to produce advertisements and promotional material that comply with ethical and statutory obligations, and therefore reduce the risk of a finding of misleading and deceptive conduct (whether
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Jul 8, 2019 – This Joint Statement represents an agreed position between the peak representative bodies of the medical and legal professions in this State as to what is expected of members of the medical profession and the legal profession when interactions occur
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Jul 8, 2019 – This policy has been adopted by the Law Society of South Australia in furtherance of the objects of the Law Society agreed to by the Annual General Meeting held on 21 October 1993, which provide that, inter alia, the Law Society will undertake activi
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Jul 8, 2019 – Many legal practitioners receive invitations from other professionals, such as accountants, financial advisers, and mortgage brokers, to enter into referral arrangements with them. It is important that legal practitioners considering entering into su
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Jul 8, 2019 – These Guidelines expand on the Society's Guidelines for the Storage, Closing and Destruction of files and relate to the storage, retrieval, provision and destruction of testamentary and related documents.
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Jul 8, 2019 – These Guidelines relate to work experience opportunities that a law practice may wish to provide to law students/graduates (‘participant/s’) other than in the course of Practical Legal Training (as per the LPEAC Rules 2004, e.g. GDLP).