M2 - Learner Manual

Duty to client

Practitioners have ethical duties to act in their client’s best interests. The duty requires the practitioner to be loyal to their client’s interests, subject to the obligations which lawyers have to the court and to justice. This is because practitioners are ‘officers of the court’. The Law Society of NSW has published a useful ‘Statement of Ethics”:

“We acknowledge the role of our profession in serving our community in the administration of justice. We recognise that the law should protect the rights and freedoms of members of society. We understand that we are responsible to our community to observe high standards of conduct and behaviour when we perform our duties to the courts, our clients and our fellow practitioners.

Our conduct and behaviour should reflect the character we aspire to have as a profession.

This means that as individuals engaged in the profession and as a profession:

·       We primarily serve the interests of justice.

·       We act competently and diligently in the service of our clients.

·       We advance our clients' interests above our own.

·       We act confidentially and in the protection of all client information.

·       We act together for the mutual benefit of our profession.

·       We avoid any conflict of interest and duties.

·       We observe strictly our duty to the court of which we are officers to ensure the proper and efficient administration of justice.

·       We seek to maintain the highest standards of integrity, honesty and fairness in all our dealings.

·       We charge fairly for our work.”[1]

Field officers and client service officers should also be aware and adopt standards consistent with this statement as well as observing and complying with internal codes of conduct and any ethical obligations which the organisation they work for requires to be upheld.

It is of great importance that any person who is not a lawyer is not to provide legal advice or act as a solicitor (this includes field officers, court officers and client service offers). Legal information can be provided, including court procedures, information about confidentiality and privacy, the role of the various people involved in the court process.

As a field officer, the role includes:

·      maintaining confidentiality and privacy of client information

·      avoiding conflict of interest

\Maintaining professional standards

·      Ensuring safety and welfare of client at all time

·      Acting honestly, fairly and with competence and diligence in the service of clients