101Briefs which must be refused or must be returned

#### 101 Briefs which must be refused or must be returned 101 Briefs which must be refused or must be returned > 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) > > **rule 101:** Am 2019 (6), Sch 1 \[1\]–\[3\].