Confidentiality and Disclosure Flashcards
Under the SRA Code of Conduct, how long does a solicitor’s duty of confidentiality last?
A) Until the client terminates the retainer
B) Only while the solicitor is actively representing the client
C) Even after the retainer ends and after the client’s death
D) Until the solicitor leaves their firm
C) Even after the retainer ends and after the client’s death
When can a solicitor legally disclose confidential client information?
A) Only when the client terminates their retainer
B) If disclosure is required or permitted by law, or if the client consents
C) If the solicitor personally believes it is in the client’s best interest
D) Only when requested by the opposing party
B) If disclosure is required or permitted by law, or if the client consents
A solicitor has information about a client that could materially impact another client’s case. What should they do?
A) Prioritize disclosure to ensure the second client is fully informed
B) Breach confidentiality if it benefits the second client
C) Prioritize confidentiality and cease acting if they cannot fulfill both duties
D) Disclose the information only to senior management for advice
C) Prioritize confidentiality and cease acting if they cannot fulfill both duties
When is a solicitor legally required to disclose confidential client information?
A) In all criminal matters
B) When reporting under anti-money laundering regulations or other legal obligations
C) When a client requests a disclosure in writing
D) If the solicitor believes disclosure could improve their client’s case
B) When reporting under anti-money laundering regulations or other legal obligations
Under Paragraph 6.4 of the SRA Code of Conduct, when must a solicitor disclose material information to a client?
A) Always, without exception
B) Only if the information is in the client’s best interest
C) Unless disclosure is legally restricted, the client consents to non-disclosure, or disclosure would cause serious harm
D) Only when disclosure is convenient for the solicitor
C) Unless disclosure is legally restricted, the client consents to non-disclosure, or disclosure would cause serious harm
A solicitor holds confidential information about a former client that is material to a new client’s case, and their interests are adverse. When can the solicitor act for the new client?
A) If the solicitor believes the information will not impact the case
B) If the former client provides informed written consent or effective measures prevent disclosure
C) Always, as long as the new client requests representation
D) If the former client is no longer involved in legal proceedings
B) If the former client provides informed written consent or effective measures prevent disclosure
A solicitor receives a privileged document by mistake. What should they do?
A) Use the information to benefit their client
B) Disclose the information to the opposing party
C) Not disclose or act on the information
D) Share the document with colleagues for legal review
C) Not disclose or act on the information
Under what conditions can a solicitor lawfully disclose confidential client information?
A) If the client provides informed consent, given or evidenced in writing
B) Only if the solicitor believes it is in the best interest of justice
C) If the solicitor no longer represents the client
D) Whenever the solicitor deems it necessary
A) If the client provides informed consent, given or evidenced in writing
What steps should a law firm take to protect client confidentiality?
A) Restricting access to client information and training staff on confidentiality obligations
B) Allowing all employees full access to all client records for efficiency
C) Sharing client details between departments to ensure better case handling
D) Using client information for marketing without explicit consent
A) Restricting access to client information and training staff on confidentiality obligations
When is a solicitor not bound by the duty of confidentiality?
A) If a client intends to use the solicitor’s services to commit a crime or fraud
B) When a solicitor disagrees with the client’s actions
C) If the solicitor believes disclosure would serve public interest
D) If the client terminates the retainer
A) If a client intends to use the solicitor’s services to commit a crime or fraud
A solicitor previously represented an elderly client who recently passed away. The client’s son asks the solicitor to share details of the legal matters they handled.
What should the solicitor do?
A) Disclose the information to the son since the client is deceased
B) Only disclose the information if the son is the personal representative
C) Provide the information if the son proves he was financially dependent on the client
D) Automatically release the information to the next of kin
B) Only disclose the information if the son is the personal representative
A client tells their solicitor that they intend to use legal documents prepared by the solicitor to commit fraud against a business partner.
What should the solicitor do?
A) Maintain confidentiality and proceed with the work
B) Disclose the information to the authorities since it involves fraud
C) Advise the client against the action but continue representing them
D) Ignore the information unless the fraud has already been committed
B) Disclose the information to the authorities since it involves fraud
A solicitor represents two clients in separate but related matters. They learn confidential information from Client A that would significantly benefit Client B’s case.
What should the solicitor do?
A) Disclose the information to Client B because it affects their case
B) Maintain Client A’s confidentiality and cease acting if necessary
C) Discuss the matter with their firm’s management before deciding
D) Share the information anonymously to avoid breaching confidentiality
B) Maintain Client A’s confidentiality and cease acting if necessary
A solicitor receives an email containing privileged legal documents that were mistakenly sent by the opposing party’s solicitor.
What is the correct action?
A) Read and use the information to benefit their client
B) Delete the email and inform the sender that it was received in error
C) Keep the email in their records for future reference
D) Forward the email to their client for review
B) Delete the email and inform the sender that it was received in error
A solicitor previously represented a business owner in a commercial dispute. Years later, a new client asks the solicitor to act against the same business owner in a related dispute.
Can the solicitor act for the new client?
A) Yes, as long as the previous case was resolved
B) No, unless effective measures prevent disclosure of confidential information or the former client consents
C) Yes, because confidentiality does not apply to past clients
D) No, unless the new client agrees to waive any claims based on prior knowledge
B) No, unless effective measures prevent disclosure of confidential information or the former client consents
A solicitor works in a law firm handling both family and criminal law cases. They overhear a conversation in the office about a high-profile client’s legal matter.
What should the solicitor do?
A) Join the discussion since they work in the same firm
B) Report the conversation as a potential breach of confidentiality
C) Inform the client that their case is being discussed
D) Assume the discussion is harmless since it happened internally
B) Report the conversation as a potential breach of confidentiality
A solicitor meets a client in a coffee shop to discuss sensitive legal matters. The conversation is overheard by others.
Has the solicitor breached confidentiality?
A) Yes, solicitors must ensure client conversations are private
B) No, because the conversation was not intentionally overheard
C) Only if the client complains about the discussion
D) No, as long as the solicitor does not disclose case details in writing
A) Yes, solicitors must ensure client conversations are private
A solicitor is working on a corporate transaction and becomes aware of information that could significantly impact their client’s decisions. The client, however, provides written consent to not receive this information.
What should the solicitor do?
A) Disclose the information anyway, as it is material to the case
B) Respect the client’s written consent and withhold the information
C) Inform the client’s business partners to ensure fairness
D) Seek additional legal advice before acting
B) Respect the client’s written consent and withhold the information
A solicitor accidentally sends a confidential client document to the wrong recipient. They realize the mistake immediately but take no action.
What potential consequences could the solicitor face?
A) No consequences unless the client complains
B) Regulatory action for failing to safeguard client confidentiality
C) Immediate dismissal from their firm
D) A verbal warning from the client
B) Regulatory action for failing to safeguard client confidentiality
A solicitor is informed by their client that they intend to harm themselves. The solicitor believes the risk is serious and imminent.
What should the solicitor do?
A) Maintain confidentiality and take no further action
B) Contact the appropriate authorities to prevent harm
C) Seek consent from the client before taking any action
D) Only disclose the information if the client repeats the threat in writing
B) Contact the appropriate authorities to prevent harm
