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discipline 1 October 2026

The duty in context

No direct dealing with represented party integrity

The lawyer must not communicate or negotiate directly with a person known to be represented by another lawyer except through that lawyer or with consent.

14 cases 7% strike-off 1 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook gC24 partial
In addition to the above, where the other side is legally represented and you are conducting correspondence in respect of the particular matter, you are expected to correspond at all times with that other party's legal representative – otherwise you may be regarded as breaching CD3 or Rule C9.
Cayman Islands Legal Services Code 2026 R.11.3 strong
An attorney-at-law or a recognised law entity shall not communicate in respect of a particular matter with the client of another recognised law entity in respect of that matter except through that recognised law entity or with that other recognised law entity's consent
AU Solicitors Solicitors' Conduct Rules Rule 33.1 strong 14 cases
In representing a client, a solicitor shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another practitioner unless: 33.1.1 the other practitioner has previously consented...
AU Barristers Uniform Barristers Rules r51 strong
A barrister must not deal directly with a party other than his or her client who is legally represented unless: (a) the substance of the dealing is solely to enquire whether the person is represented and, if so, by whom; (b) the legal practitioner representing the party has previously consented; or (c) the barrister believes on reasonable grounds that [urgent circumstances].
IE Solicitors Law Society Guide Ch7 — Communicating with the client of another solicitor: General strong
A solicitor should not interview or otherwise communicate with any party on the other side of a matter who, to the solicitor's knowledge, has retained another solicitor to act in the matter about which the first solicitor wishes to communicate, except with that solicitor's consent.
IE Barristers Bar Code of Conduct Rule 5.13 strong
where the other party or parties to a case are legally represented, a Barrister may not discuss the merits of a case with the parties of the other sides without the consent of and presence of both his instructing solicitor and the solicitor and/or barrister for the other side.
JM Attorneys Canons of Professional Ethics Canon VI(f) strong
An Attorney shall not in any way communicate upon a subject in controversy or attempt to negotiate or compromise a matter directly with any party represented by another Attorney except through such other Attorney or with his prior consent.
JE Lawyers Law Society of Jersey Code R.10.3 strong
Members or their firm must not communicate directly or indirectly on a particular matter with a person represented by the firm of another member on the matter except through that firm or with that other firm's consent.
ON Lawyers LSO Rules of Prof. Conduct r 7.2-6 strong
Subject to rules 7.2-6A and 7.2-7, if a person is represented by a legal practitioner in respect of a matter, a lawyer shall not, except through or with the consent of the legal practitioner (a) approach or communicate or deal with the person on the matter; or (b) attempt to negotiate or compromise the matter directly with the person.
BC Lawyers BC Code r 7.2-6 strong
Subject to rules 7.2-6.1 and 7.2-7, if a person is represented by a lawyer in respect of a matter, another lawyer must not, except through or with the consent of the person's lawyer: (a) approach, communicate or deal with the person on the matter; or (b) attempt to negotiate or compromise the matter directly with the person.
NZ Lawyers Conduct & Client Care Rules r 10.4 strong
A lawyer acting in a matter must not communicate directly with a person who the lawyer knows is represented by another lawyer in that matter except as authorised in this rule.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 31 (Communication with another legal practitioner) partial
31 Communication with another legal practitioner
HK Solicitors Solicitors' Guide Principle 11.02 / Principle 10.21 strong
In general, a solicitor who has been instructed in a matter should not interview or otherwise communicate with anyone on that matter who to his knowledge has retained another solicitor to act in that matter except with that other solicitor's consent.
HK Barristers Bar Code of Conduct no clear equivalent

Cases dealing with this duty

Clear

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

  • Sideris, George
    OLSC solicitor George Sideris & Associates Lawyers [2025] NSWCA 159 2025-07-18 rule cited

    In the course of legal practice the solicitor: sent correspondence directly to the client of another solicitor, in breach of rule 33 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) (C…

    Costs Removal of lawyer’s name from the Roll of Australian lawyers Not a fit and proper person to remain on the Roll of Australian lawyers maintained by the Supreme Court of New South Wales, pursuant to s 22 of the Legal Profession Uniform Law (NSW) $0.00 Proceedings Instituted 1 PDF View decision
  • Boys, Mark Phillip
    OLSC solicitor MPB Lawyers 2025-03-06 rule cited

    Breach of Rule 33 of the Australian Solicitors Conduct Rules 2015 — Unsatisfactory Professional Conduct

    Reprimand $0.00 Disciplinary Action View decision
  • Ilkin, Alexander Leon
    OLSC solicitor PBL Law Pty Ltd 2024-10-03 rule cited

    The Solicitor acted in breach of Rule 33 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) by contacting the Complainant’s client directly on three occasions and in circumstances where …

    Reprimand Lawyer to undertake and complete further ethics education $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Sideris, George
    OLSC solicitor George Sideris & Associates Lawyers [2024] NSWCATOD 3 2024-01-05 rule cited

    In the course of legal practice the solicitor: sent correspondence directly to the client of another solicitor, in breach of rule 33 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) (C…

    Costs Order recommending removal of lawyer's name from the Roll of Australian Lawyers 2 PDFs View decision
  • Gerrard, Mark Alexander
    OLSC solicitor Tierney & Dowd 2020-07-23 text match

    Communicating with another solicitor's client — Unsatisfactory Professional Conduct

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Ivan John Poole
    LSC-QLD solicitor Ivan Poole Lawyers 2019-12-19 rule cited

    Charges 1 and 4 the respondent's conduct amounts to professional misconduct. Charges 2 and 3 the respondent's conduct amounts to unsatisfactory professional conduct.

    Suspended 1 PDF View decision
  • Truong, John
    OLSC solicitor J & KV Legal Pty Ltd 2017-06-09 rule cited

    Breached Rule 33 of the Australian Solicitors' Conduct Rules 2015 - Communication with another solicitor's client — Unsatisfactory Professional Conduct

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Donnelly, Paul Joseph
    OLSC solicitor Donnelly Lawyers [2017] NSWCATOD 34 2017-03-14 text match

    1. Failures to appear at Court 2. Breach of trust account obligations 3. Breach of costs disclosure obligations 4. Mixing of trust monies and office account monies 5. Misappropriation 6. Failure to respond to Regulator'…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Chad Everett ROWE
    LSC-QLD solicitor Rowe Lawyers Pty Ltd 2017-03-10 rule cited

    28 Charges of professional misconduct proven

    other 1 PDF View decision
  • Kozera, Stan
    OLSC solicitor SK & Associates 2013-12-12 text match

    Communication with another solicitor's client — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Woodbridge, Dean Joseph
    OLSC solicitor Clinch Long Letherbarrow Pty Ltd 2013-10-18 text match

    1. Breach of Rule 31 -Communicating with another solicitors client 2. Fail to comply with an undertaking — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Flynn, Mark Joseph
    OLSC solicitor (Formerly) Mark Flynn & Associates Pty Ltd [2013] NSWADT 70 2013-04-03 text match

    Professional Misconduct: 1. Produced false trust account records 2. Breached his written undertaking 3. Attempted to mislead client's former solicitor 4. Failed to comply with undertaking dated 8 December 2008 5. Commun…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Brooks, David George
    OLSC solicitor Brooks & Co Business Lawyers [2012] NSWADT 131 2012-07-04 found breached

    1. Knowingly concealed from “A”, a person, and his legal representative (a fellow legal practitioner) the true payment price in a contract between his client and various companies associated with his client and the liqu…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Cosier, Barry Ferguson
    OLSC solicitor Barry F Cosier & Associates 2010-04-15 found breached

    1. Settled party/party costs with the defendant without instructions from the complainant 2. Refused to release all relevant matter files in circumstances where he had no reason to retain same 3(a). Failed to issue a bi…

    Compensation Order Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision

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.