38Communication with another solicitor’s client (ASCR 33)

38 Communication with another solicitor’s client (ASCR 33)

A solicitor must not deal directly with the client or clients of another practitioner unless –

(a) the other practitioner has previously consented; or

(b) the solicitor believes on reasonable grounds that –

(i) the circumstances are so urgent as to require the solicitor to do so; and

(ii) the dealing would not be unfair to the opponent’s client; or

(c) the substance of the dealing is solely to enquire whether the other party or parties to a matter are represented and, if so, by whom; or

(d) there is notice of the solicitor’s intention to communicate with the other party or parties, but the other practitioner has failed, after a reasonable time, to reply and there is a reasonable basis for proceeding with contact; or

(e) the solicitor is asked to provide a second opinion by the client or clients of the other practitioner.