Confidentiality and disclosure Flashcards
What are the exceptions to the duty of confidentiality?
Statutory disclosure eg HMRC
MLR duties
Where you need to reveal info in support of a defence brought against you by a client
Cases involving children where you discover that a child has been sexually or physically abused
What is the duty of disclosure?
CCS 6.4: When acting for a client on a matter you make the client aware of all information material to the matter on which you have knowledge
There is a personal duty on the solicitor to disclose to a client all info which is material to their matter for which the solicitor has personal knowledge
What are the exceptions to duty of disclosure?
disclosure is prohibited by legal restrictions imposed in interest of national security or prevention of crime
the client gives informed consent to the info not being disclosed to them
you have reason to believe that serious physical or mental injury will be caused to the client or another if the info is disclosed
the information is contained in a privileged document that you have knowledge of only because it has been mistakenly disclosed
What is material information?
Anything that may reasonably affect the client decision making in regards to their matter in a way which is significant having regard to the matter as a whole
What happens if a solicitor has a conflict in their duty to disclose arising from past and present clients?
Solicitor must not act unless he can obtain informed consent from the client not to disclose anything to them
even then acting must be in teh best interest of the clinet
What if duty of disclosure and confidentiality conflict?
Where there is a conflict the duty of confidentiality takes precedent
What is the adverse interest?
You cannot act for a client in a matter where the client has an interest adverse to the interest of another current or former client of you or your business or employer for whom you or your business or employer hold confidential information which is material to that matter unless:
effective measures have been taken so there is no real risk of disclosure of the confidential information or
current or former client has given informed consent to you acting
