ADR – Legal Profession Uniform Conduct (Barristers) Rules

17/07/2015

At its meeting last night, the Bar Council considered the position of ADR practitioners under the Legal Profession Uniform Conduct (Barristers) Rules and made the following resolutions.

RESOLVED that Rule 11 of the Legal Profession Uniform Conduct (Barristers) Rules ought to be amended by amending 11(d) to read “representing a client in or conducting a mediation or arbitration or other method of alternative dispute resolution”.

ALSO RESOLVED to pursue any further or necessary consequential changes to the Legal Profession Uniform Conduct (Barristers) Rules to give effect to the intent of the amendment which is to include within the definition of barristers’ work conducting ADR processes as an ADR principal.

ALSO RESOLVED that the NSW Bar Association’s representative on the Australian Bar Association Board (the Senior Vice-President) be requested to progress urgently the amendment to the Legal Profession Uniform Conduct (Barristers) Rules and to do all things necessary (including lobbying and voting), to implement the amendment via the Australian Bar Association and the Legal Services Council.

ALSO RESOLVED that a copy of the resolution (with the background information provided to the NSW Bar Council with this motion) be provided to the President of the Australian Bar Association, The Chair of the Legal Services Council, The President of the Victorian Bar Association and the Chair of the ADR Committee of the Victorian Bar Association.

ALSO RESOLVED that a paper be prepared advocating the change be prepared for the Senior Vice-President to present to the Australian Bar Association.

Jane Needham SC

President

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