ABSTRACT
Similarly, (SA) Professional Conduct Rules r 10.1 states: ‘Practitioners at all times shall treat other practitioners with the utmost courtesy and fairness.’
Communications with another lawyer’s client
A lawyer should not communicate with the client of another lawyer except with the consent and approval of that lawyer. Apart from professional courtesy, a reason for the rule, particularly in contentious matters, is that it is necessary to avoid any suggestion that the other lawyer’s client has acted to his or her detriment as a result of the communication. Nevertheless, reasons may exist which may justify direct communication. For example, justification may arise if the other lawyer, following receipt of reasonable notice, continues to fail to return telephone calls or reply to correspondence.
