Western Australian Current Regulations Western Australian Current Regulations A barrister must
refuse to accept or retain a brief or instructions to appear before a court
if:
(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 client’s case, and
(ii)
the person entitled to the confidentiality has not
consented to the barrister using the information as the barrister thinks fit
in the case,
(b) the
client’s interest in the matter or otherwise is or would be in conflict
with the barrister’s own interest or the interest of an associate,
(c) the
barrister has a general or special retainer which gives, and gives only, a
right of first refusal of the barrister’s services to another party in
the case and the barrister is offered a brief to appear in the case for the
other party within the terms of the retainer,
(d) the
barrister has reasonable grounds to believe that the barrister may, as a real
possibility, be a witness in the case,
(e) the
brief is to appear on an appeal and the barrister was a witness in the case at
first instance,
(f) the
barrister has reasonable grounds to believe that the barrister’s own
personal or professional conduct may be attacked in the case,
(g) the
barrister has a material financial or property interest in the outcome of the
case, apart from the prospect of a fee,
(h) the
brief is on the assessment of costs which include a dispute as to the
propriety of the fee paid or payable to the barrister, or is for the recovery
from a former client of costs in relation to a case in which the barrister
appeared for the client,
(i)
the brief is for a party to an arbitration in connection
with the arbitration and the barrister has previously advised or appeared for
the arbitrator in connection with the arbitration,
(j) the
brief is to appear in a contested or ex parte hearing before the
barrister’s parent, sibling, spouse or child or a member of the
barrister’s household, or before a bench of which such a person is a
member, unless the hearing is before the High Court of Australia sitting all
available judges,
(k)
there are reasonable grounds for the barrister to believe that the failure of
the client to retain an instructing solicitor would, as a real possibility,
seriously prejudice the barrister’s ability to advance and protect the
client’s interests in accordance with the law including these Rules,
(l) the
barrister has already advised or drawn pleadings for another party to the
matter, or
(m) the
barrister has already discussed in any detail (even on an informal basis) with
another party with an adverse interest in the matter the facts out of which
the matter arises.
(n)
(Repealed)