Confidentiality

Question 1

Confidentiality requirement states that…

Answer 1

Solicitors must keep the affairs of current and former clients confidential, unless disclosure is required or permitted by the law, or the client consents

Question 2

Disclosure of confidential information may be justified if:

Answer 2

• client showed intention of suicide/serious self-harm
• it’d prevent harm to children/vulnerable adults
• it’d prevent the commission of a criminal offence that’d likely create serious bodily harm

It’s still a BREACH: BUT, may mitigate the consequences!

Question 3

The duty of disclosure states that…

Answer 3

Solicitors must make the client aware of all information material to the matter which the solicitor personally knowns

Question 4

Exceptions to the duty of disclosure:

Answer 4

• prohibited by law
• client gives written consent to not receiving it
• solicitor believes client will incur serious physical/mental injury if receives the information
• information is in privileged document the solicitor only knows of by accident

Question 5

When can a solicitor not act?

Answer 5

If the new client has an adverse interest ot the interest of another current/former client for whom confidential information which is material to the new client is held

Question 6

Exceptions to the rule not to act:

Answer 6

1. effective measures are taken so that there’s o real risk of disclosing confidential information
2. the client who’s information it is gives informed, written consent to it