Screen a new matter for confidential information of a former client
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- When a new matter is opened, record the former client, the current client, and any information the practice holds that is confidential to the former client and that the lawyer has identified as possibly material to the new matter. Record whether the former client has given informed consent to disclosure and use of that information, or whether an information barrier is already in place. Do not decide that the information is material or detrimental. Do not decide that the solicitor may act. Do not draft a barrier protocol.
- What the lawyer must review
- The lawyer decides whether the practice may act. Rule 10 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, in the Western Australian compilation that was opened, deals with conflicts concerning former clients. Rule 10.1 says a solicitor and a law practice must avoid conflicts between the duties owed to current and former clients. Rule 10.2 says that a solicitor or law practice in possession of information which is confidential to a former client, where that information might reasonably be concluded to be material to the matter of another client and detrimental to the interests of the former client if disclosed, must not act for the current client in that matter unless rule 10.2.1 or rule 10.2.2 applies. Rule 10.2.1 is the former client's informed consent to the disclosure and use of that information. Rule 10.2.2 is that an effective information barrier has been established. The opened rule does not define informed consent or effective. The lawyer decides both, and decides whether the information might reasonably be concluded to be material and detrimental. The opened text is the Western Australian compilation. The lawyer confirms the compilation that binds the practice. Other compilations were not opened. This screen does not draft an information-barrier protocol.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | When a new matter is opened, record the former client, the current client, and any information the practice holds that is confidential to the former client and that the lawyer has identified as possibly material to the new matter. Record whether the former client has given informed consent to disclosure and use of that information, or whether an information barrier is already in place. Do not decide that the information is material or detrimental. Do not decide that the solicitor may act. Do not draft a barrier protocol. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Start from information the practice actually holds that is confidential to a former client. Do not treat a former-client name, without that information, as rule 10.2.
- Do not describe the consent as informed, or the barrier as effective. The opened rule does not define either term.
- Do not write that the solicitor may act. The prohibition in rule 10.2 is the lawyer's conclusion.
- Use the Western Australian compilation only as the text that was opened. The lawyer confirms which compilation binds the practice.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.