Screen a proposed communication with another solicitor's client
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Before a communication about the subject of a representation, record whether the solicitor knows the other person is represented by another practitioner, whether that practitioner has consented, whether the communication would only ask whether the person is represented and by whom, and whether notice of the intention to communicate was given and how long ago. Do not send the communication, and do not decide that it is urgent or fair.
- What the lawyer must review
- The lawyer decides whether the communication may be made. Rule 33.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, in the Western Australian compilation that was opened, says that in representing a client, a solicitor shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another practitioner unless one of the four limbs applies. Rule 33.1.1 is that the other practitioner has previously consented. Rule 33.1.2 is that the solicitor believes on reasonable grounds that the circumstances are so urgent as to require the communication and that it would not be unfair to the opponent's client. Rule 33.1.3 is that the communication is solely to enquire whether the other party or parties are represented and, if so, by whom. Rule 33.1.4 is that there is notice of the solicitor's intention to communicate with the other party or parties, the other practitioner has failed after a reasonable time to reply, and there is a reasonable basis for proceeding. The lawyer decides which limb, if any, applies, and makes the communication. The opened text is the Western Australian compilation. Other compilations were not opened.
- 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 | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The prohibition is about the subject of the representation, and it applies when the solicitor knows the person is represented. Record that knowledge from the file.
- An enquiry that does anything more than ask whether the person is represented, and by whom, is not rule 33.1.3.
- Urgency and fairness are the lawyer's belief on reasonable grounds. Do not mark them as made out.
- Do not send the communication. Notice under rule 33.1.4 still needs a failure to reply after a reasonable time and a reasonable basis for proceeding.
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.