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Strong Foundations Grants Guidelines

Eligibility and selection criteria for our new funding stream.

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Regulatory Guideline - Lawyer conduct in providing information to police

This document provides guidance to lawyers on what is acceptable conduct when dealing with clients and their associates, and what is appropriate and ethical to tell the police in your role as legal adviser (if anything).

Professional Boundaries

We are confident that the vast majority of lawyers put in place and maintain clear professional boundaries with their clients and other parties. However, we agree with the recommendation by the Royal Commission into the Management of Police Informants (RCMPI) that specific guidance for the profession on maintaining appropriate professional boundaries is useful.

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Further information and advice

For further information and advice about maintaining appropriate professional boundaries you can:

  • Consult a trusted colleague, mentor or supervisor.
  • Contact the LIV to provide Ethics and Practice Support Services. The LIV offers:
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How to determine if your professional boundaries have been compromised

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With clients
With other parties

With clients

A good indication that your professional boundaries have been compromised is if you find it difficult to provide independent, objective and dispassionate advice to your client, or you experience internal or external pressure to act in a way that conflicts with your independent judgement or other professional duties.

This section contains some useful questions to ask yourself if you’re not sure (but are concerned) that your professional boundaries with a client have been compromised or are at risk.

  • Could my relationship with my client be affecting my independent judgement or the quality of the advice, services or representation I am providing?
  • Is my relationship with my client affecting the way I receive money from them (into my trust account)?
  • Would I give the same advice, services or representation to another client with whom I have no pre-existing or personal relationship, or upon whose business my firm does not rely?
  • Would my social or family life be affected by a dispute between me and my client?
  • Do I feel manipulated or controlled by my client? 
  • Do I feel pressure to provide particular advice, services or representation to my client because of my own (or my firm’s) relationship with them?
  • Do I feel more invested in the outcome of my client’s case than I would with another client? 
  • If required, would I feel comfortable disclosing to the court the full extent of my relationship or dealings with my client?
  • Would a fair-minded, reasonably informed member of the public consider my actions appropriate in the interests of justice?
  • What advice would I give a colleague who was questioning their professional boundaries with their client in similar circumstances? 
  • How would I feel if opposing counsel was acting in the same way as I am?
  • Does my client have information about my personal situation and could this impede my ability to provide independent advice?  

With other parties

To determine whether your relationships with other parties may be compromising your professional judgement or ability to serve your client’s best interests, you might ask yourself the following questions: 

  • Is my relationship with this party affecting the service I’m providing my client?
  • Would I deal with someone with whom I have no relationship in the same way?
  • Do I feel internal or external pressure to act against my client’s best interests because of this relationship? 
  • Would a fair-minded, reasonably informed member of the public consider my actions appropriate?
  • What advice would I give a colleague who was questioning their professional boundaries with another party in similar circumstances? 
  • How would I feel if my client or the court knew the full extent of my relationship and dealings with this party?
  • Could my relationship be perceived by the parties to the matter, the public or the court as giving rise to a conflict of interest?
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How to avoid boundary-compromising situations (and examples of high-risk scenarios)

Most lawyers are very good at putting and keeping in place professional boundaries.

Nonetheless, you might be in the early stages of your career and unsure about how to approach this – or you could be a more experienced lawyer responsible for managing complex client relationships and considering whether it is a wise idea to represent someone. In either case, we have some practical tips for you about how to avoid compromising your professional boundaries.

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The link between professional boundaries and the professional conduct rules

The expectation that you will establish and maintain professional boundaries with your clients underpins many of the duties and obligations prescribed by the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (the professional conduct rules).

At a justice system level, putting in place professional boundaries enhances your ability to comply with the following:

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