Duty of Confidentiality

Question 1

What are the two exceptions to keeping a client’s affairs confidential?

Answer 1

1. Disclosure is required by law
2. Client consents

Question 2

Can you break client confidentiality if a client is using you to commit a crime or fraud?

Answer 2

Yes

Question 3

Can you disclose client information to an attorney appointed under a lasting power of attorney

Answer 3

Yes

Question 4

Can a court order or police warrant compel you to disclose confidential information?

Answer 4

Yes

Question 5

What are the circumstances when you can disclose confidential information to prevent harm?

Answer 5

1. Disclosure to prevent the commission of a criminal offence causing serious bodily harm
2. When client says they will commit suicide or self-harm
3. When you need to protect a child or vulnerable adult

Question 6

Can you rely on the circumstances justifying disclosure to prevent harm, after the harm occurs?

Answer 6

No

Question 7

Who is bound by the duty of confidentiality, just the solicitor?

Answer 7

No, everyone in the firm

Question 8

How long does the duty of confidentiality last?

Answer 8

Forever

Question 9

What is legal professional privilege?

Answer 9

Protects confidential communications between you and clients for the purpose of obtaining and giving legal advice and can never be disclosed without permission of client

Question 10

What happens if you breach the duty of confidentiality?

Answer 10

You may be disciplined by the SRA or the SDT and client can sue for a breach of this duty

Question 11

What is the duty of disclosure?

Answer 11

To disclose all material information to that matter to the client which you are aware of

Question 12

What are the exceptions to the duty of disclosure?

Answer 12

1. Informed written consent to nondisclosure
2. It would cause serious physical or mental injury to a person
3. Legal restrictions - national security of the prevention of a crime
4. It came to you i privileged documents mistakenly disclosed to you

Question 13

You must not act for Zaid where Zaid’s interest is adverse to Naseeha, and Naseeha is a current or former client of yours for whom you hold confidential information material to Zaid, unless:

Answer 13

1. You take effective measures which would ensure no disclosure risk or
2. Naseeha gives informed consent to you acting

Question 14

Ahmed wants to invest in Dell but you have acted for the shareholders of Dell and you know they are in financial difficulty and Ahmed’s investment will be at risk. What will you use to determine if you can act for Ahmed?

Answer 14

The information you have must be material to Ahmed’s matter, which it is, so you cannot act.