Western Australian Current Regulations

LEGAL PROFESSION UNIFORM CONDUCT (BARRISTERS) RULES 2015 - REG 105

105 .         Briefs which may be refused or returned

                A barrister may refuse or return a brief to appear before a court:

            (a)         if the brief is not offered by a solicitor,

            (b)         if the barrister considers on reasonable grounds that the time or effort required for the brief threatens to prejudice the barrister’s practice or other professional or personal engagements,

            (c)         if the instructing solicitor does not agree to be responsible for the payment of the barrister’s fee,

            (d)         if the barrister has reasonable grounds to doubt that the fee will be paid reasonably promptly or in accordance with the costs agreement,

            (e)         if the brief may, as a real possibility, require the barrister to cross‑examine or criticise a friend or relative,

            (f)         if the solicitor does not comply with a request by the barrister for appropriate attendances by the instructing solicitor, solicitor’s clerk or client representative for the purposes of:

                  (i)         ensuring that the barrister is provided with adequate instructions to permit the barrister properly to carry out the work or appearance required by the brief,

                  (ii)         ensuring that the client adequately understands the barrister’s advice,

                  (iii)         avoiding any delay in the conduct of any hearing, and

                  (iv)         protecting the client or the barrister from any disadvantage or inconvenience which may, as a real possibility, otherwise be caused,

            (g)         if the barrister’s advice as to the preparation or conduct of the case, not including its compromise, has been rejected or ignored by the instructing solicitor or the client, as the case may be,

            (h)         if the prospective client is also the prospective instructing solicitor, or a partner, employer or employee of the prospective instructing solicitor, and has refused the barrister’s request to be instructed by a solicitor independent of the prospective client and the prospective client’s firm,

                  (i)         if the barrister, being a Senior Counsel, considers on reasonable grounds that the brief does not require the services of a Senior Counsel,

            (j)         if the barrister, being a Senior Counsel, considers on reasonable grounds that the brief also requires the services of a junior counsel and none has been briefed,

            (k)         where there is a personal or business relationship between the barrister and the client or another party, a witness, or another legal practitioner representing a party,

            (l)         where the brief is to appear before a judge whose personal or business relationship with the barrister is such as to give rise to the apprehension that there may not be a fair hearing, or

            (m)         in accordance with the terms of a costs agreement which provide for return of a brief.