Fair dealing with unrepresented parties integrity

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 ↗

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 ↗

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

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 ↗

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 ↗

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 ↗

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 ↗

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 ↗

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 ↗

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 ↗

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 ↗

8 Conduct in relation to other persons

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

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 ↗

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 ↗