Clients’ Interests

 

General principle

A Member shall treat their clients’ interests as paramount, subject always to there being no conflict with the Member’s duties to the court, the interests of justice, the observance the law, and the maintenance of ethical standards.

Explanatory note

This means that our Members in all of their dealings with the courts, by written or oral form, or by instructing an advocate on the client’s behalf, must act with competence and honesty.

Members shall serve their clients competently, diligently, promptly and without any conflict to their duty to the court. They should deal with their clients free of the influence of any interest which may conflict with a client’s best interests; and with commitment and dedication to the interest of the client.

A Member shall pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the Member, and take whatever lawful and ethical measures may be required to vindicate a client’s cause or endeavour.

Members should maintain confidentiality

Members should also provide all relevant information to their clients, to protect their clients’ interests and advise them competently, subject to any contrary law or ethics rule. Members must not engage in, or assist their client with, conduct that is intended to mislead or adversely affect the interest of justice, or wilfully breach the law.

Members shall have and maintain a duty to safeguard their clients’ interests commencing from their retainer until their effective release from the case or the final disposition of the whole subject matter of the litigation.

During that period, they are expected to take such steps and such ordinary care as clients’ interests may require. Even if not required by the applicable law of a jurisdiction, it is considered good practice in many jurisdictions for our Members to ensure that they secure in the interest of their clients adequate insurance cover against claims based on professional negligence or malpractice.