Search conflicts under rules 10 and 11 before a New South Wales file opens
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the names the lawyer supplies, search the firm's records in a firm-controlled tool and list possible matches against current and former clients. Do not decide whether a conflict exists, or whether consent or a barrier is available. Do not put the names into a public generative tool.
- What the lawyer must review
- Decide whether rule 10 or rule 11 applies, and to whom
- Decide whether informed consent or an information barrier is available
- Keep the search in a firm-controlled tool
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales
Produce. A list of possible name matches, with no decision on consent or a barrier.
Have ready. The names the lawyer supplies; The firm's current-client and former-client records.
Example of the limit. Illustrative example: The injured person's name matches a former client. The list records the match. It does not say that an information barrier is in place.
Stop and hand it back when
- The lawyer has not supplied the names.
- The search would be run in a public generative tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the names the lawyer supplies, search the firm's records in a firm-controlled tool and list possible matches against current and former clients. Do not decide whether a conflict exists, or whether consent or a barrier is available. Do not put the names into a public generative tool. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Rule 10.1 requires a solicitor and a law practice to avoid conflicts between duties owed to current and former clients. Rule 10.2 says a solicitor or law practice must not act for the current client in that matter where confidential information of a former client might reasonably be concluded to be material to the other client's matter and detrimental to the former client if disclosed, unless the former client has given informed consent to the disclosure and use of that information, or an effective information barrier has been established.
- Rule 11.1 requires a solicitor and a law practice to avoid conflicts between duties owed to two or more current clients. Where the solicitor or law practice seeks to act for two or more clients in the same or related matters, the clients' interests are adverse, and there is a conflict or potential conflict of the duties to act in the best interests of each client, rule 11.2 says they must not act except as rules 11.3 and 11.4 permit. Rule 11.3 allows it only if, subject always to each solicitor discharging the duty to act in the best interests of their client, each client is aware that the solicitor or law practice is also acting for another client and has given informed consent to the solicitor or law practice so acting.
- In addition to rule 11.3, rule 11.4 says that where the solicitor or law practice is in, or comes into, possession of information which is confidential to one client and which might reasonably be concluded to be material to the other client's matter and detrimental to the first client if disclosed, the solicitor and the law practice may not act or continue to act for the other client unless each client's informed consent permits the disclosure and use of that information for the benefit of the other client, or requires an effective information barrier to be established and maintained at all times to protect the confidential information of each client.
- If an actual conflict arises between the duties owed to two or more current clients during the matter, rule 11.5 allows the solicitor or law practice to continue only for one of those clients, or for two or more of those clients between whom there is no conflict, and only in these exceptional circumstances: any client for whom the solicitor or law practice ceases to act has given informed consent to the solicitor or law practice continuing to act for the remaining clients, and the duty of confidentiality owed to all of the clients is not put at risk.
- Practice note SC Gen 23, paragraphs 7(e) and 8, warn that a public generative tool may lack safeguards for confidentiality, privacy and privilege, and that data entered may be used to train the model. The search stays inside the firm's own records.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 10 · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 11 · 2026-10-23
- Supreme Court of NSW, Practice Note SC Gen 23, paragraphs 7(e) and 8 · 2026-10-23
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
The list does not decide that consent has been given or that a barrier is effective.