Fact Scenario: (NSW Jurisdictional Law)

You are employed in a mid-tier law firm in the city in the Commercial Transactions team. Some of your clients include private equity companies and major financial institutions. An opportunity presents itself to apply for a pro-bono secondment at a nearby Pro Bono Legal Centre for 4 months. You apply and are successful.

After two weeks in the Pro Bono Legal Centre, your supervisor schedules you on "intake". This means you will be interviewing potential pro bono clients.

Your first client is Barney, a middle-aged Indigenous man. He is accompanied by his son, Marron, who does most of the talking throughout the interview. Marron tells you his father has been subject to mortgage fraud. Barney, and a few of his friends, were induced into loans by a fraudulent mortgage broker who ran a mortgage broking business "Timble

Financial Services". Timble had a formal referral agreement with Commercial Banking Corporation whereby the broker would facilitate loan applications using false payslips and statements.

Barney has not worked for the past three years. He has very little savings. Marron tells you his father did not understand the nature of the loan transaction. Commercial Banking Corporation has now commenced possession proceedings in the Supreme Court.

You cannot help but notice the lack of eye contact by both Barney and Marron. You start focusing on what you perceive as dishonesty. Barney also nods throughout the interview. You assume Barney understands what is being asked of him and what Marron is telling you.

Question/s:

(a)Are there any actual or potential conflicts in this matter?

(b)As you have no experience in possession proceedings, will you need to be supervised if you are allocated this matter? In your answer, refer to any relevant ASCR and/or case law.