FAQ's
Appointments
Built Environment Legal always welcomes clients calling into our office at any time and where possible will accommodate their requirements. Unfortunately, this is not always possible and to avoid any inconvenience we recommend clients make an appointment.

Destruction of files
We return all clients original documents to the client at the end of each matter, unless other arrangements have been made beforehand. We do however store the balance of documents in our secure file archive. After seven years have elapsed the file is destroyed without reference to our client, unless alternative arrangements are made.

Storage of documents
Important documents are securely held for clients when requested, giving our clients a safe and protected facility at no cost to them.

Cost of legal services
The Legal Profession Act 2004 (NSW) requires us to disclose certain information to our clients and to prospective clients. At the outset of every new file, we provide our client with a “Costs and Disclosure Agreement”.

Disbursements
Clients will be responsible for the payment of expenses incurred by Built Environment Legal on their behalf. Typically these are third-party costs, such as company search fees, court and barrister’s fees. However, Built Environment Legal does not charge clients for general in-house expenses, such as telephone, printing, faxing etc.

When will clients receive a bill of costs from us?
We generally bills clients on a monthly basis or at the conclusion of each matter. Where we bill on a monthly basis, this will either be an account for the time spent up to date on the matter, or, where the fee is an agreed sum, a proportion of that sum.

Flexible payment methods
Before you become a client of Built Environment Legal, we can suggest an hourly rate for your matter, or you might prefer to nominate a fixed budget, or even implement a retainer program. You can also pay us by a variety of means, including electronic money transfer and bank cheque.

Handling a client's matter
Built Environment Legal provides effective, economic and efficient legal services of a high quality and in a manner which dispels fear and distrust.

Built Environment Legal lawyers keep clients advised at all times of any major developments or progress in his or her case and promptly responds to the client’s requests for information.

Trust Money
Built Environment Legal does not operate a lawyer’s trust account.

Principles of Practice
Built Environment Legal lawyers are admitted in various Australian states and are qualified in these states to practice law.

Who is Built Environment Legal?
Built Environment Legal is the trading name of Built Environment Legal Pty Ltd ACN 132 936 782. Built Environment Legal is an incorporated legal practice under the Legal Profession Act 2004. The management of Built Environment Legal is undertaken by the Solicitor- Director. Built Environment Legal’s only shareholder is ACEA. As an incorporated legal practice, Built Environment Legal is limited by shares and is regulated for these purposes by its Constitution and the Corporations Act 2001 (Cth) (the Corporations Act). Under section 601FD of the Corporations Act, the Directors, including the Solicitor- Director, when acting as responsible entity of Built Environment Legal, must act in the best interests of the shareholders (ACEA) and, if there is a conflict between the shareholders interests and the interests of Built Environment Legal, the directors must give priority to the shareholders interests.

Background to Built Environment Legal
The primary objective of Built Environment Legal was to provide a client-focused, professional and confidential legal service for the Built Environment industry and for members of ACEA. Clients of this practice, therefore, have the right to this level of service.
We are committed to providing legal services to the best of our professional ability. We will, therefore, refer clients as we think fit in the case of the following:
• Where we Built Environment Legal believe it would be in the client's best interests.
• Where the client's situation proved to be outside our area of expertise and competence.
• Where potential or actual conflict of interest emerged as a result of the solicitor/client relationship.

ACEA and Built Environment Legal
The Association of Consulting Engineers Australia (ACEA) is a separate legal entity to Built Environment Legal. Built Environment Legal and the ACEA have entered into private arrangements whereby we have agreed to provide members of the ACEA discounts to our normal hourly rates. In return, ACEA has agreed, at their discretion, and subject to rules of law, to refer their members to Built Environment Legal for their legal requirements. ACEA is also provided with a set block of our lawyer’s time to assist them on their own legal matters in consideration of these referral arrangements.

Built Environment Legal is not restricted by these arrangements to provide legal services to all member firms, subject to any conflict of interest discussed below.

Conflict of Interest
The fundamental duty of lawyers is the obligation to provide a client with professional advice and skill, uncompromised by the performance of a like duty to another, whose interest’s conflict with those of the client. It is an ethical rule, which goes to the core of the solicitor-client relationship.

What are conflicts of interest?
Put simply, conflicts of interest are when a lawyer is serving or attempting to serve two or more interests which aren’t compatible.

Determining a conflict of interest
Built Environment Legal has regard to the extent to which a lawyer has previously been given details about the facts of a matter, or a person’s personal circumstances which could prevent Built Environment Legal acting for another party in relation to the same matter or those facts or circumstances.

Three examples of conflict of interests are as follows:
1. Direct Conflict- Acing for more than one party in a matter
This is where a lawyer acts for both parties in a matter: such as an insurer and insured or both parties in litigation.

The Professional Conduct & Practice Rules state:
A practitioner who intends to accept instructions from more than one party to any proceedings or transaction must be satisfied, before accepting a retainer to act, that each of the parties is aware that the practitioner is intending to act for the others and consents to the practitioner so acting in the knowledge that the practitioner:
(a) may be, thereby, prevented from-
(i) disclosing to each party all information, relevant to the proceedings or transaction, within the practitioner’s knowledge, or,
(ii) giving advice to one party which is contrary to the interests of another; and
(b) will cease to act for all parties if the practitioner would, otherwise, be obliged to act in a manner contrary to the interests of one or more of them.

If a practitioner, who is acting for more than one party to any proceedings or transaction, determines that the practitioner cannot continue to act for all of the parties without acting in a manner contrary to the interests of one or more of them, the practitioner must thereupon cease to act for all parties.

2. Personal Interest Conflict - Lawyers interest is involved
Lawyers must subordinate their own interests to those of the client and avoid acting in situations where self-interest might tempt them to compromise their duty of loyalty.

The Professional Conduct & Practice Rules prohibits lawyers from acting where there is a conflict of interest between the client and the lawyer. It says:
10.1 A practitioner must not, in any dealings with the client –
10.1.1 Allow the interests of the practitioner to conflict with those of the client;
10.1.2 Exercise any undue influence intended to dispose the client to benefit the practitioner significantly in excess of the practitioner’s fair remuneration for the legal services provided to the client;
10.2 A practitioner must not accept instructions to act for a person in any proceedings or transaction affecting or related to any legal or equitable right or entitlement or interest in property, or continue to act for a person engaged in such proceedings or transaction when the practitioner is, or becomes, aware that the person’s interest in the proceedings or transactions is, or would be, in conflict with the practitioner’s own interests.

3. Confidentiality Conflict – Former Client
This will arise where a lawyer acts against a former client or has information about a former client that could potentially assist a new client.

A lawyer is liable to be restrained from acting for a new client against a former client if a reasonable observer, aware of the relevant facts, would think that there was a real, as opposed to a theoretical, possibility that confidential information given to the solicitor by the former client might be used by the solicitor to advance the interests of a new client to the detriment of the old client.

The Professional Conduct & Practice Rules (Rules) set out some of the elements of the solicitor’s fiduciary duty to the client. It states:
A practitioner must not, during, or after termination of, a retainer, disclose to any person, who is not a partner or employee of the practitioner s firm (or, in the case of a multi-disciplinary partnership, a person who is not engaged in the legal practice or delivery of legal services), any information, which is confidential to a client of the practitioner, and acquired by the practitioner during the currency of the retainer, unless -
2.1.1 The client authorizes disclosure;
2.1.2 the practitioner is permitted or compelled by law to disclose; or
2.1.3 the practitioner discloses information in circumstances in which the law would compel its disclosure, despite a client’s claim of legal professional privilege, and for the sole purpose of avoiding the probable commission of a felony.

A practitioner’s obligation to maintain the confidentiality of a client’s affairs is not limited to information which might be protected by legal professional privilege, and is a duty inherent in the fiduciary relationship of practitioner and client.

The conflict of interest is between the continuing duties of a solicitor, owed to his former client, not to disclose, or use to the latter’s prejudice that which he learned confidentially, and the interest which he has in advancing the case of his new client.

The Professional Conduct & Practice Rules contains five criteria for deciding whether a solicitor should or should not act for a former client:
1. The lawyer or the firm of which the solicitor was a partner has acted previously for that client.
2. The lawyer or the firm has acquired confidential information in respect of the client.
3. The confidential information is material to the action or proceedings (presently on foot).
4. The former client might reasonably conclude that there is a likelihood the information might be used in the present proceedings.
5. Its use would be to the detriment of that person.
The rule also reflects the fundamental principle that confidentiality survives the termination of the retainer that is a lawyer has a duty to keep the former client’s affairs confidential.

Conflict register/checks
Built Environment Legal takes steps to avoid a potential conflict of interest and will not act if there is a conflict of interest.

When taking on a new client Built Environment Legal:
1. Identifies all interested parties to the transaction.
2. If a new client is a corporate client we obtain details of all parent, subsidiary and associated parties.
3. Undertake a client database search to enquire whether we have acted against any interested party to the transaction previously.
4. Identify whether we are in possession of confidential information obtained from the client base that is relevant to the present matter.
5. Identify whether there is any personal interest by a lawyer in the transaction.

What happens when a Conflict of Interest or potential Conflict of Interest arises during the course of a matter?
If a conflict of interest arises during the course of a matter, the Built Environment Legal lawyer undertakes the following;
1. Notifies the Solicitor Director immediately.
2. The Solicitor Director in conjunction with the lawyer takes appropriate steps to resolve or avoid the conflict.
3. At the discretion of the Solicitor Director, he/she may approach the Law Society and ask for the matter to be considered either by the Ethics Section or the Ethics Committee or obtain a President’s Ruling about the conduct of that lawyer.
4. Following either point 2 or point 3 above, Built Environment Legal will either:
a. cease to act and reassigning the matter to another law firm, with the clients consent;
b. continue to act; or
c. continue to act, subject to the parties consent.

For further information about Built Environment Legal or if you have any questions please email lawyer@belegal.com.au and we’ll endeavor to respond within (5) working days.