Should a solicitor always accept instructions from their client?
Asked by: Leila Botsford | Last update: February 18, 2026Score: 4.3/5 (14 votes)
No, a solicitor does not always have to accept or follow client instructions; they must balance their duty to the client with duties to the court and the public, meaning they can refuse or withdraw if instructions are illegal, unethical, compromise their independence, or if they lack the capacity to provide competent service, but they must explain why and act in the client's best interest where possible.
Do solicitors have to accept instructions?
Can a solicitor refuse to act for me? In short, yes. Provided they comply with anti-discrimination laws and the SRA's Code of Conduct, solicitors are not obliged to accept instructions from potential clients.
What is the rule 37 of the solicitors conduct rules?
Rule 37 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 states: '[a] solicitor with designated responsibility for a matter must exercise reasonable supervision over solicitors and all other employees engaged in the provision of the legal services for that matter. '
What is the rule 4 of the solicitors practice rules?
159H Solicitors' Practice Rules ─ Rule 4 Sharing with non-qualified persons. 4. a solicitor whose firm is a party to an Association may share fees and profits with the foreign firm or firms in that Association.
What are the ethical obligations of a solicitor?
Integrity: Solicitors are required to act with honesty and integrity at all times, avoiding any actions that could discredit the legal profession. This includes refraining from dishonest or deceitful conduct, maintaining objectivity, and upholding the highest standards of ethical behavior.
CAN I TELL MY LAWYER EVERYTHING: What to Expect When Using a Solicitor/Lawyer in England?
What constitutes professional negligence by a solicitor?
Professional negligence occurs when a professional fails to provide services to the standard reasonably expected in their field, resulting in loss or harm to a client. Professionals owe a duty of care and breaching that duty may give rise to a claim for compensation.
What is the rule 4.2 of professional responsibility?
Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other ...
What is the client right rule?
A lawyer shall abide by a client's decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
What is the rule 5C of the solicitors practice rules?
5C. Subject to subrules (2), (3), (4) and (5), a solicitor, or 2 or more solicitors practising in partnership or association, shall not act for both the vendor and the purchaser on a sale or other disposition of land for value.
Who is more qualified, a solicitor or a lawyer?
A solicitor is a type of lawyer who has completed a law degree, obtained a practising certificate, and been admitted to legal practice. In Queensland, as in the rest of Australia, most solicitors simply refer to themselves as lawyers.
What is the most common complaint brought against lawyers?
The most common complaints against lawyers center on neglect, lack of communication (unreturned calls/emails, no updates), and fee issues (excessive, unclear, or improper billing), often stemming from poor client management and unmet expectations. Clients frequently feel uninformed, ignored, or surprised by costs, leading to formal grievances about missed deadlines, lack of transparency, or attorneys failing to act in the client's best interest, says Lalegalethics.org and ABA Journal.
What is Section 88 of the solicitors Act?
To work under section 88 (Solicitors Act 1974) as a solicitor without a practising certificate, you must be on the roll. This allows solicitors to work in a public department without the requirement to have a practising certificate.
What is the B word for lawyer?
The "B word" for a lawyer, especially in the UK and Commonwealth countries, is Barrister, which refers to a specialist lawyer who argues cases in higher courts, distinct from a solicitor, though other terms like Attorney, Counsel, or even the pejorative "ambulance chaser" can be used, while "Esquire" (Esq.) is a title for any licensed lawyer in the U.S.
What can a solicitor not do?
Code of Conduct for Solicitors, RELs, RFLs and RSLs
- You do not unfairly discriminate by allowing your personal views to affect your professional relationships and the way in which you provide your services.
- You do not abuse your position by taking unfair advantage of clients or others.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What is Section 69 of the solicitors Act?
69 Action to recover solicitor's costs.
the High Court may, notwithstanding that one month has not expired from the delivery of the bill, order that the solicitor be at liberty to commence an action to recover his costs and may order that those costs be [F1assessed].
What is the 5.1 code of conduct for solicitors?
5.1 You properly account to clients for any financial benefit you receive as a result of their instructions, except where they have agreed otherwise. 5.2 You safeguard money and assets entrusted to you by clients and others.
What is the rule 9 of the solicitors account rules?
Rule 9, SAR: Certain payments, though client's monies, need not be paid into the client account.
What is the difference between a lawyer and a solicitor?
A lawyer is a broad term for someone licensed to practice law, while a solicitor is a specific type of lawyer, primarily in Commonwealth countries like the UK, who handles client advice, paperwork, and out-of-court matters, often instructing a barrister (another lawyer type) for court advocacy. In the US, a lawyer representing clients is generally called an attorney, without the solicitor/barrister split.
What is the Rule 1.1 for lawyers?
(a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence.
What are the 6 client rights?
Conclusion: The Essential Role of Client Rights in ABA Therapy. The six basic client rights in ABA—Privacy, Confidentiality, Informed Consent, Choice, Dignity, and Respect—establish a framework for ethical and effective therapeutic practice.
What is Rule 11 in legal terms?
A Rule 11 plea agreement is a "binding" plea agreement. It is an agreement entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. A plea agreement under this rule binds the court to the terms of the agreement.
What are examples of unethical attorney behavior?
Unethical attorney behavior includes conflicts of interest, mishandling client funds, neglect (missing deadlines, poor communication, abandonment), dishonesty (lying, misleading the court, falsifying evidence), overbilling, breaching confidentiality, incompetence, and sexual misconduct with clients, all of which violate professional duties and can harm clients and the justice system. These actions erode trust and can lead to discipline, malpractice suits, or disbarment, with serious misconduct like fraud or criminal activity leading to severe consequences.
What is professional negligence by a lawyer?
Professional negligence arises when professionals, such as lawyers, doctors, consultants, or advisors, fail to uphold a higher standard of care expected due to their specialized skills and training.
What are the 5 responsibilities of a lawyer?
Advise and represent clients in criminal or civil proceedings and in other legal matters. Communicate with clients, colleagues, judges, and others involved in a case. Conduct research and analysis of legal issues. Interpret laws, rulings, and regulations for individuals and businesses.