New South Wales Consolidated Regulations

LEGAL PROFESSION UNIFORM LAW AUSTRALIAN SOLICITORS' CONDUCT RULES 2015 - SECT 2.11A

2.11A Short-term legal assistance services

11A.1 If a solicitor providing short-term legal assistance services forms a reasonable belief that the solicitor cannot screen for conflicts of interest due to circumstances where it is not reasonably practicable as the time required to do so may result in a real risk of the client being denied access to legal assistance, the solicitor must ensure, to the extent reasonably practicable, that--

11A.1.1 the solicitor has disclosed the nature of the services to the client, and

11A.1.2 there is no actual or potential conflict between the duties owed to the client and one or more other clients, and

11A.1.3 the client has given informed consent to the provision of the services.

11A.2 A solicitor must not provide, or continue to provide, short-term legal assistance services to a client if the solicitor--

11A.2.1 is or becomes aware that the interests of the client are adverse to the interests of a current client of the solicitor or the solicitor's law practice, or

11A.2.2 is aware that the solicitor has, or while providing the short-term legal assistance services obtains, confidential information of a current or former client that might reasonably be concluded to be--

11A.2.2.1 material to the client's matter, and

11A.2.2.2 detrimental to the current or former client, if disclosed.

11A.3 A solicitor who is a partner, associate, employee, officer or employer in a law practice through which another solicitor is providing short-term legal assistance services, may act for another client of the law practice whose interests are adverse to the interests of the client receiving the services if--

11A.3.1 each client has given informed consent, and

11A.3.2 measures are in place to ensure confidential information will not be disclosed.

11A.4 In this Rule--

"short-term legal assistance services" means services offered by a solicitor to a client, whether through a legal assistance service provider or on a pro bono basis, with the expectation by the solicitor and the client that the solicitor will not provide continuing legal advice or representation in the matter.