§ discipline

Fair dealing with unrepresented parties integrity

When the opposing party is unrepresented, the lawyer must make clear they act only for their own client and must not use oppressive, intimidating or harassing tactics.

34 cases 38% strike-off avg suspension 24.0 mo avg fine 30,000 6 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.2 partial 24 cases
1.2 You do not abuse your position by taking unfair advantage of clients or others.

SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗

E&W Barristers BSB Handbook rC7.1; gC5 partial 2 cases
rC7.1 you must not make statements or ask questions merely to insult, humiliate or annoy a witness or any other person; gC5 ... It is particularly important where you are appearing against a litigant who is not legally represented.

BSB Handbook · current · archived copy · official source ↗

Cayman Islands Legal Services Code 2026 R.11.2 partial
An attorney-at-law shall not take unfair advantage of anyone, either for the client's benefit or for the benefit of the attorney-at-law.

Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy

AU Solicitors Solicitors' Conduct Rules Rule 34.1 partial 5 cases
A solicitor must not in any action or communication associated with representing a client: 34.1.1 make any statement to another person: (i) which grossly exceeds the legitimate assertion of the rights or entitlements of the solicitor's client, and (ii) which misleads or intimidates the other person... 34.1.3 use tactics that go beyond legitimate advocacy and which are primarily designed to embarrass or frustrate another person.

Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗

AU Barristers Uniform Barristers Rules r52 partial 1 case
A barrister must not confer with or deal directly with any party who is unrepresented unless the party has signified willingness to that course.

Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗

IE Solicitors Law Society Guide Ch6 — Persons acting without legal representation strong
The solicitor should recommend in writing that the other party obtain legal representation and make clear that the solicitor will only protect the interests of their own client.

Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗

IE Barristers Bar Code of Conduct Rule 5.14 partial
In the event that the other party does not have legal representation, a Barrister may, in the presence of his instructing solicitor, negotiate with the following persons: (i) the other party directly; (ii) the duly authorised agent of the insurer of the other party; (iii) where the other party is a body corporate, its servants or agents.

Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗

JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code R.10.2; G.10.7; G.10.8 partial
Members must not take unfair advantage of anyone, either for the client's benefit or for their own benefit... [G.10.7] Care should be taken when members are dealing with someone who does not have legal representation... members should ensure that a balance is maintained between doing their best for the client and not taking unfair advantage of the opponent's lack of legal knowledge and drafting skills. [G.10.8] When dealing with an unrepresented third party, members should ensure that a contractual relationship is not inadvertently created and that the third party understands clearly that the member is acting for its client and does not owe the third party any duty to act in their interests.

Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗

ON Lawyers LSO Rules of Prof. Conduct r 7.2-9 strong
When a lawyer deals on a client's behalf with an unrepresented person, the lawyer shall: (b) take care to see that the unrepresented person is not proceeding under the impression that their interests will be protected by the lawyer; and (c) take care to see that the unrepresented person understands that the lawyer is acting exclusively in the interests of the client and accordingly their comments may be partisan.

Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗

BC Lawyers BC Code r 7.2-9 strong 1 case
When a lawyer deals on a client's behalf with an unrepresented person, the lawyer must: (a) urge the unrepresented person to obtain independent legal representation; (b) take care to see that the unrepresented person is not proceeding under the impression that his or her interests will be protected by the lawyer; and (c) make it clear to the unrepresented person that the lawyer is acting exclusively in the interests of the client.

Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗

NZ Lawyers Conduct & Client Care Rules r 12 / r 12.1 strong
A lawyer must, when acting in a professional capacity, conduct dealings with others, including self-represented persons, with integrity, respect, and courtesy. When a lawyer knows that a person is self-represented, the lawyer should normally inform that person of the right to take legal advice.

Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗

SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 8 (Conduct in relation to other persons) partial
8 Conduct in relation to other persons

Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗

HK Solicitors Solicitors' Guide Principle 13.01 Commentary 1 & 3 strong
A solicitor must take particular care when dealing and corresponding with an unrepresented third party to ensure that no solicitor-client relationship arises by implication between the solicitor and the third party. ... If it is so badly drawn as to be inappropriate ... advising him to consult a solicitor on its preparation.

Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗

HK Barristers Bar Code of Conduct para 10.6 partial
A practising barrister must in all his professional activities be courteous and civil, and must act in good faith with all those with whom he has professional dealings. He should not send correspondence to or otherwise communicate with any person in a manner that is abusive, offensive or otherwise inconsistent with the proper tone of a professional correspondence or communication.

Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗

Cases dealing with this duty

Clear

34 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.