You and your solicitor

What are your solicitor's ethical obligations? 

Solicitors owe specific duties to the courts and to their clients. These duties are outlined in the Australian Solicitors Conduct Rules and in the Legal Profession Act 2007.

Duties to the court and justice system

A solicitor’s most important duty is to the court and the administration of justice. This means that if there is a conflict between acting in your best interests and their duty to the court, then their duty to the court will take priority over their duty to you as their client. 

Solicitors must also act with courtesy and respect in their dealings with everyone involved with the issue, including the other party's solicitor, any witnesses or experts in the case, and court staff. 

Some examples of your solicitor's duties to the court include:

• Your solicitor cannot mislead the court - while they will need to take instructions from you as their client, they cannot say whatever you want them to say if it is misleading, or if they know it is not true. 
• If you have told your solicitor you have committed an offence they can't suggest to the court that someone else did it.
• They also can't allow facts that they know are false to be produced as evidence in court.

Duties to clients

The relationship between a solicitor and their client is called a “fiduciary” relationship. 

In a fiduciary relationship the client places their confidence, good faith, reliance and trust in their solicitor to represent their interests and protect their rights. This relationship creates a duty for the solicitor to act in the best interests of their clients. 

When acting for you as a client, your solicitor must:

• act in your the best interests
• be honest and act with integrity in their professional dealings
• deliver legal services competently, diligently and as promptly as reasonably possible
• avoid conflicts of interest and act in a manner that does not compromise their duty to their clients
• charge fair and reasonable fees for their services, and disclose any updates or changes to costs
• maintain the confidentiality of your information, subject to legal exceptions
• communicate effectively with you and keep you up to date with progress on legal matters
• comply with all relevant laws and professional standards in their legal practice
• honour any undertakings given in the course of legal practice

These duties aim to uphold the integrity of the legal profession and ensure that solicitors provide quality legal services while prioritising their clients' interests.

What qualifications and licenses does a solicitor need to practise law in Queensland? 

To become a solicitor in Queensland a person must have:

• completed an approved law degree
• completed a practical legal training course or a supervised traineeship
• been admitted to the Roll of Lawyers by the Supreme Court of Queensland and the Legal Practitioners Admissions Board

Once a person has satisfied these requirements they can apply to the Queensland Law Society for a Practising Certificate.

Most solicitors require a current practising certificate to practice law in Queensland (although there are some exceptions). Practising certificates are issued by the Queensland Law Society and entitles the holder to engage in legal practice in Queensland, subject to compliance with legislation and certain conditions.