AustLII Tasmanian Numbered Regulations

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LEGAL PROFESSION (SOLICITORS' CONDUCT) RULES 2020 (S.R. 2020, NO. 55) - REG 39

Dealing with other persons (ASCR 34)

(1)  A solicitor must not in any action or communication associated with representing a client –
(a) make any statement which grossly exceeds the legitimate assertion of the rights or entitlements of the solicitor’s client, and which misleads or intimidates the other person; or
(b) threaten the institution of criminal or disciplinary proceedings against the other person if a civil liability to the solicitor’s client is not satisfied; or
(c) use tactics that go beyond legitimate advocacy and which are primarily designed to embarrass or frustrate another person.
(2)  In the conduct or promotion of a solicitor’s practice, the solicitor must not seek instructions for the provision of legal services in a manner likely to oppress or harass a person who, by reason of some recent trauma or injury, or other circumstances, is, or might reasonably be expected to be, at a significant disadvantage in dealing with the solicitor at the time when the instructions are sought.



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