Policy · Confidentiality & client information

Information barrier protocol for one matter

Protocol for one current matter where the practice holds confidential information of a former client: who is screened, what is locked, what undertakings are signed, and which tools the two groups must not share.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
New South Wales, Queensland
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for New South Wales and Queensland.
Version
1
Source
Written for this library

When to use it

Use when the practice is asked to act against a former client and a partner is considering an information barrier instead of informed consent. Do not use it as the only control between two current clients, or as a decision that the barrier will be effective.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list names and files from the conflict note the principal supplies. The principal decides who is screened and whether the practice may act.

AI may

  • Place names, roles and file locations from the conflict note into the tables
  • List shared systems on the firm's inventory that both groups can currently open

AI must not

  • Must not decide that the barrier is effective or that the practice may act
  • Must not treat a former client's silence as consent
  • Must not describe the protocol as sufficient for two current clients

The lawyer checks

  • Rule 10.2 applies: the information is confidential to a former client, might reasonably be material to the current matter, and would be detrimental to the former client if disclosed
  • Either informed consent to disclosure and use is actually held, or the principal has settled this protocol and the undertakings
  • No shared mailbox, document system or AI tool lets the current-matter group open the screened material

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Confidentiality & client information

All precedents for Confidentiality & client information · Tasks and AI use in this area