34Dealing with other persons

34 Dealing with other persons

34 Dealing with other persons

34.1 A solicitor must not in any action or communication associated with representing a client—

34.1.1 make any statement to another person—

(i) which grossly exceeds the legitimate assertion of the rights or entitlements of the solicitor’s client, and

(ii) which misleads or intimidates the other person,

34.1.2 threaten the institution of a criminal or disciplinary complaint against the other person if a civil liability to the solicitor’s client is not satisfied, or

34.1.3 use tactics that go beyond legitimate advocacy and which are primarily designed to embarrass or frustrate another person.

34.2 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.

rule 34: Am 2022 (34), Sch 1[40]–[43]; 2024 No 47, Sch 2.7.