39Dealing with other persons (ASCR 34)

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.