BY-LAW 4: CODE OF CONDUCT
In this By-Law a term or expression has the same meaning as ascribed to such term or expression by the Constitution of the Company.
ALA Code of Conduct
General
4.1 The Company’s members and its associates 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.
4.2 The Company’s members shall promote the objectives of the Company.
Competence
4.3 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
4.4 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.
4.5 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.
4.6 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
4.7 The Company’s members shall not personally or through an agent make representations of experience or specialist skills which they do not possess.
4.8 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.
4.9 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.
4.10 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.
Information
4.11 The Company’s members and associates 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.
4.12 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.
Disputes
4.13 In the event of a dispute or difference arising between the Company’s members or associates, those members or associates 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.
Definition of Associates
4.14 Associates of the Company include all stakeholders, whether individual or entities, who support the Company in achieving its Objectives, including but not limited to those set out in clause 16 below.
4.15 Associates are not necessarily members of the Company but have a recognised and valued relationship with the Company.
Categories of Associates
4.16 The Company recognises the following categories of associates:
16.1 Sponsors – Financial or in-kind contributors.
16.2 Partners – Companies collaborating on projects or initiatives.
16.3 Donors – Individuals or entities providing monetary contributions.
16.4 Volunteers – Offering time and expertise to support the Company.
16.5 Vendors/Suppliers – Providing goods or services to the Company.
16.6 Alumni – Former members with continued interest or influence.
16.7 Affiliates – Associated companies or chapters.
16.8 Event attendees – any guest, delegate or speaker, whether paying or not, at an event hosted either wholly or jointly by the Company
16.9 Advisors/Consultants – Offering strategic or specialised guidance.
16.10 Community Stakeholders – Local groups or individuals indirectly impacted by the Company’s work.
Rights and Privileges
4.17 The rights and privileges of associates extend to event participation and recognition by the Company and its members, but shall not extend to voting in governance matters or holding leadership positions within the Company unless specifically authorised by these by-laws or through a written agreement.
Responsibilities
4.18 Associates of the Company shall have the following responsibilities:
4.18.1 Adherence to By-Laws and Policies
Comply with the Company's by-laws, policies, and any additional terms outlined in their associate agreements.
4.18.2 Support of Company Goals
Actively support the mission, vision, and Objectives of the Company through their contributions, participation, or collaboration.
4.18.3 Ethical Conduct
Uphold ethical standards and act in a manner that reflects positively on the Company.
4.18.4 Standard of Behaviour
Conduct themselves in a socially responsible manner while participating in all events and activities of the Company. This includes showing respect for others, fostering inclusivity, and avoiding any behaviour that could be considered discriminatory, harassing, or harmful.
4.18.5 Fulfillment of Commitments
Honour any financial, in-kind, or service commitments made to the Company, including sponsorship payments, donations, or volunteer hours.
4.18.6 Confidentiality
Protect the confidentiality of any sensitive information obtained through their association with the Company.
4.18.7 Respect for Brand and Reputation
Use the Company’s name, logo, or affiliation responsibly and only with prior authorisation, ensuring no harm to its reputation.
4.18.8 Timely Communication
Maintain open and timely communication with the Company regarding matters relevant to their role as an associate.
4.19 Failure to meet these responsibilities may result in the termination or suspension of the associate, as determined by National Council.
Admission and Termination of Associates
4.20 Admission of associates
4.20.1 Eligibility
Individuals or entities must meet the criteria established for their respective associate category as set out in Clause 16 (e.g., sponsors, partners, volunteers).
4.20.2 Application or Invitation
Admission may occur through:
(a) Submission of an application, subject to review and approval by the Company.
(b) Direct invitation from the Company, followed by acceptance of terms.
4.20.3 Agreement to Terms
If requested, associates must agree in writing to comply with the Company's by-laws, policies, and any specific terms outlined in their associate agreement.
Termination or Suspension of Associates
4.21 Voluntary Termination
Associates may terminate their relationship with the Company by providing written notice or by the expiration of any written agreement setting out the specific terms and conditions of their association with the Company.
4.22 Involuntary Termination or Suspension
The Company may terminate or suspend an associate’s status for reasons including, but not limited to:
(a) Violation of by-laws, policies, or ethical standards
(b) Non-fulfillment of commitments (e.g., failure to meet sponsorship obligations).
(c) Actions that harm the Company’s reputation or interests.
4.23 Notice of Termination or Suspension
Termination or suspension shall be communicated in writing, and may specify the reasons for the decision.
4.24 Effect of Termination or Suspension
Upon termination, the associate shall cease all use of the Company’s name, logo, and affiliation, cease to attend any events and must fulfill any outstanding obligations. For a suspended associate, the associate shall cease all use of the Company’s name, logo, and affiliation, cease to attend any events, and otherwise comply with the terms of the suspension.