23rd Jan 2020
Many will be affected by this recent Federal Court decision.
16th Jan 2020
Preparing for court in statutory compensation cases
Code of Conduct
1 The Company’s members shall at all times act in a manner which will uphold the standing and good reputation of the Australian Lawyers Alliance consistent with the objectives of the Company.
2 The Company’s members shall promote the objectives of the Company.
3 The Company’s members shall keep up to date with developments in law and practice relating to their field of expertise.
Obtaining Instructions – Full Members Practising
4 The Company’s members must not personally or through any other person solicit instructions from a person who is or might reasonably be expected to be at a significant disadvantage in dealing with the member at the time when the instructions are sought through recent trauma or otherwise.
5 The Company’s members must not personally or through any other person solicit instructions from a person in any manner that is reasonably likely to offend or distress such person or may reasonably be regarded as harassment or coercion of such person.
6 The Company’s members shall not knowingly accept a referral from a person, whether an Australian Lawyers Alliance member or not, who has acted contrary to this code in obtaining such referral.
Representations and Advertising
7 The Company’s members shall not personally or through an agent make representations of experience or specialist skills which they do not possess.
8 The Company’s members shall not knowingly make any statement, whether to a prospective or existing client or otherwise, which may give the client false expectations.
9 The Company’s members shall not engage in promotional activities that might reasonably be regarded:
(a) As being false, misleading or deceptive;
(b) As being vulgar, obscene or sensational;
(c) As devaluing the public protection role of the Company and its members;
(d) As promoting litigation as a means of obtaining financial reward rather than fair compensation for an injury or loss sustained;
(e) As bringing the common law right to claim damages for injury or the adversarial system into disrepute; or
(f) As being likely to bring the Company or its members into disrepute.
10 The Company’s members shall not use the Company’s logo for advertising or marketing purposes, either personally or through any other means, except as specifically permitted by the Company. Members are however able to identify their individual membership of the Company.
11 The Company’s members shall not disseminate any information imparted in confidence at any seminar of the Company or other educational event of the Company or from any publication of the Company to any other person without first obtaining the consent of the Company in writing.
12 In relation to new and renewing members who are full time employees of Insurers or Government Regulators, members may, from time to time, be excluded from discussions of a political nature where the discussions may place them in a position of conflict with their employer.
13 In the event of a dispute or difference arising between the Company’s members, those members shall endeavour to resolve that dispute or difference among themselves prior to any other recourse unless, in the case of a dispute or difference concerning the affairs of a client, a member is specifically instructed otherwise by such client.