6. Confidentiality

Question 1

Paragraph 6.3 provides:
You [must] keep the affairs of …. and …… clients …… unless disclosure is required or permitted by law or the client consents.

Answer 1

current and former

confidential

Question 2

A solicitor may also ….. confidential information when disclosure is required or permitted
by law. Examples of circumstances requiring or permitting disclosure are:
(a) pursuant to a statutory ……., eg to Her Majesty’s Revenue and Customs in certain
circumstances;
(b) pursuant to a statutory ….., such as in the Proceeds of Crime Act 2002 and the Money
Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017/ 692) and under the terrorism legislation (see Legal Services);
(c) under a court ….., or where a police ….. permits the seizure of confidential
documentation.

Answer 2

Disclose 
Requirement 
Duty 
Order
Warrant

Question 3

Circumstances which may justify disclosure

a. Where a client has indicated their intention to commit ….. or serious ….- ……
b. Preventing ….. to children or vulnerable adults
c. Preventing the commission of a ……. offence

Answer 3

Suicide or Self-harm
Harm
Criminal

Question 4

Duty of Disclosure

The requirement to disclose all information material to the client’s matter of which the solicitor
is personally aware is subject to a number of …..:
(a) the disclosure of the information is prohibited by ….. restrictions imposed in the interests
of national security or the prevention of crime;

(b) the client gives …… ……., given or evidenced in writing, to the information not
being disclosed to them;
(c) the solicitor has reason to believe that serious …… or ……. injury will be caused to
the client or another if the information is disclosed to the client; or
(d) the information is contained in a privileged document that the solicitor has knowledge of
only because it has been ……. disclosed.

Answer 4

Exceptions

Legal

Informed consent

Physical or mental

Mistakenly

Question 5

Placing confidential information at risk

A solicitor must act in the best interests of the client (…… .) and so must not place
themselves in a situation where any relevant information could be …… to another client,

The general prohibition

Paragraph 6.5 provides that a solicitor must not act for a client in a matter where that client
has an interest ….. to the interest of another current or former client for whom confidential information which is material to that matter is held unless either of the exceptions set out in the Code is met.

For the purposes of the prohibition in Paragraph 6.5, the confidential information held by the solicitor must be ‘……’. This term is not further explained in the Code of Conduct for Solicitors, but is likely to encompass information which is relevant to the client’s matter and of more than inconsequential interest to the client.

Answer 5

Principle 7

Disclosed

Adverse

Material

Question 6

Paragraph 6.5 provides that it would be possible to act for a client in a matter where that
client has an interest adverse to the interest of another current or former client for whom
confidential information is held which is material to that matter if either of the following
exceptions are met:

Answer 6

Effective measures

Informed Consent

Question 7

Certain circs where solicitor’s duty of …… conflicts with their duty to …….

Answer 7

Confidentiality

Disclose

Question 8

Where legal professional privilege applies, a solicitor can refuse to ….. communications between himself and a client.

Answer 8

Disclose