Check whether a secondee or contractor may see client confidential know-how
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the access request, list the person, who engages them, the matters they will work on, and the know-how folders requested. Do not change any permission.
- What the lawyer must review
- The lawyer decides the access. Rule 9.1.2, in the Western Australian text, permits disclosure to a barrister or a person engaged by the practice or an associated entity for the purpose of delivering or administering legal services in relation to that client. A person who is not engaged for that client's matter is outside that limb. Any wider disclosure needs a rule 9.2 exception, usually the client's authority. The lawyer records the decision against each folder before access is given.
- 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 | From the access request, list the person, who engages them, the matters they will work on, and the know-how folders requested. Do not change any permission. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Name the client matter. Access to a know-how note that contains that client's confidential information is tested against that matter, not against the practice area.
- An associated entity's staff are within rule 9.1.2 only for delivering or administering the legal services for that client.
- If the person sits outside rule 9.1, get client authority under rule 9.2.1 before access, or refuse it.
- Remove the access when the engagement ends. The departure protocol's copying limit is the analogy for taking copies away.
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.