Rules of Practice Amendment Rules 2000 (TAS)

Rules of Practice Amendment Rules 2000

The Council of the Law Society of Tasmania makes the following Rules of Practice under section 17 of the Legal Profession Act 1993 .

1Short titleThese rules may be cited as the Rules of Practice Amendment Rules 2000 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Rules of Practice 1994 are referred to as the Principal Rules. 4Rule 88A insertedAfter rule 88 of the Principal Rules , the following rule is inserted in Part 8: 88AProfessional indemnity insurance A barrister must maintain professional indemnity insurance providing cover of at least 1 million dollars for each claim. 5Rule 89 amended (Title and work of barrister) Rule 89 of the Principal Rules is amended by omitting subrule (2) and substituting the following : (2)  A barrister must limit his or her work to the following: (a) appearing as an advocate; (b) preparing to appear as an advocate; (c) negotiating on behalf of the client; (d) representing the client in a mediation; (e) advising on documents relating to the client’s affairs; (f) providing legal advice or opinions; (g) acting as a referee, arbitrator or mediator; (h) any other work that is incidental to anything specified in this subrule that is not excluded by subrule (3) . (3)  In performing any work referred to in subrule (2) , a barrister must not – (a) institute proceedings in any court on behalf of the client in the barrister’s name; or (b) serve any process of any court; or (c) make any demand on the client’s behalf in the barrister’s name, except as provided under subrule (2)(c) and (d) ; or (d) conduct correspondence in the barrister’s name or deal on behalf of the client with a person unless – (i) the correspondence is to seek information from a potential witness; or (ii) the dealing is to conduct a conference with a potential witness; or (iii) the dealing is for the purpose of work under subrule (2) . (4)  A barrister requested by a person to do any work that does not come under subrule (2) or that is excluded under subrule (3) must inform that person – (a) of any relevant effect of subrules (2) and (3) ; and (b) if applicable, that solicitors are able to perform the requested work. (5)  A barrister must not inform a person that he or she will perform work for that person on the condition of acceptance of instructions from a particular solicitor. 6Rule 89A insertedAfter rule 89 of the Principal Rules , the following rule is inserted in Part 8: 89AInstructions from persons not legal practitioners (1)  A barrister may accept instructions to perform work from a person who is not a legal practitioner. (2)  A barrister who accepts instructions under subrule (1) must advise the client of the following: (a) the effect of rule 89(2) and (3) ; (b) that circumstances may require the client to retain an instructing solicitor at any time; (c) any disadvantage the barrister believes on reasonable grounds the client may suffer if an instructing solicitor is not retained; (d) the capacity of the barrister to perform the work alone compared with the capacity of the barrister and an instructing solicitor to perform the work; (e) a fair description of the advocacy experience of the barrister. 7Rule 90 amended (Professional conduct) Rule 90 of the Principal Rules is amended by omitting paragraphs (a) and (b) .

These Rules of Practice were made by the Council of The Law Society of Tasmania at a meeting held on 25 September 2000.

The common seal of The Law Society of Tasmania was affixed on 25 September 2000 in the presence of –

M. B. Bartlett

President

P. L. Jackson

Member

J. M. Martin

Executive Director

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 October 2000

These rules are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the rule) These rules amend the

(a) providing for compulsory professional indemnity insurance for barristers; and (b) specifying the type of work a barrister may perform; and (c) enabling barristers to accept instructions for work from persons who are not legal practitioners.