Much of a solicitor's work happens across a table — or across letters — from someone on the opposing side. You are expected to act robustly for your client, but professional conduct rules set firm limits on how you treat opponents, their representatives, and third parties. Knowing where the line sits lets you advance your client's position with confidence while avoiding conduct that exposes you personally — most sharply in the area of undertakings, where a careless promise can bind you long after the matter ends.
What this lesson covers:
- Overview and Fair Dealing — the sources of your duties to the other side and the prohibition on taking unfair advantage, including dealings with unrepresented and represented parties.
- Honesty in Communications — your duty not to mislead, what counts as legitimate negotiation, and what to do when a client wants you to say something false.
- Improper Threats — telling a genuine warning of legal action apart from a threat that crosses into intimidation or abuse.
- Undertakings — what makes a statement a binding undertaking, why it survives the client's conduct and the end of the retainer, and how it can be discharged.
- Enforcement and Liability — who is responsible for an undertaking, the consequences of breach, and your personal liability for the fees of agents you instruct.