Briefs - Must be returned or refused Flashcards
A barrister must refuse to (1) accept a brief (2) retain a brief or (3) instructions to appear before a court if…[hint 9 main ones]
r 95
(a) the barrister has information which is confidential to any other person in the case other than the prospective client; and (i) the information may, as a real possibility, be material to the prospective clients case and (ii) the person entitled to confidentiality has not given consent for the barrister to use the information
(b) the client’s interests in the matter conflict with the barristers interest
(d) the barrister has reasonable grounds to believe that he may be a witness in the case
(f) the barrister has reasonable grounds to believe that the barristers own personal or professional conduct may be attacked
(g) the barrister has a material financial or property interest in the outcome of the case apart from the fee (Stockingham Pty Ltd)
(h) the brief is on the assessment of case which include a dispute as to the propriety of the fee paid or payment to the barrister OR the recovery from a former client of costs in relation to a case in which the barrister appeared for the client
(k) there are reasonable grounds for the barrister to believe the failure to retain an instructing solicitor would seriously prejudice the barristers ability to advance the case in the clients best interests
(l) the barrister had already advised or drawn pleadings for another party to the matter
(m) the barrister has discussed in any detail (in on an informal basis) with another party with an averse interest in the matter the facts out of which the matter arises
Rule 95(f) requires a barrister to refuse or retain a brief where the barrister has reasonable grounds to believe that the barristers own professional or personal conduct may be attacked in the case. In what circumstances can a barrister still accept the brief?
see r 96
A barrister must refuse a brief to ADVISE if the barrister has information which is confidential to any person with different interest to the prospective client if….
r 97 (a) the information may affect the prospective clients interest in the matter on which advice is sought or may be detrimental to the interest of the first person;
AND
(b) the person entitled to the confidentiality had not consented before hand to the barrister using the information as the barrister thinks fit in giving advice
A barrister must not accept a brief to appear on a day when…[hint 2]
r 98 a barrister must not accept a brief to appear on a day when the barrister is already committed to appear or is reasonably likely to be required to appear in another brief if…by appearing on one of the briefs the barrister would not in the normal course of events be able to appear on the other brief or briefs
