Professional Conduct

Question 1

What is a solicitor’s duty regarding making a client aware of information?

Answer 1

A solicitor must make a client aware of all information material to their case of which they have knowledge

Question 2

What must a solicitor do if they come across a privileged document which is mistakenly disclosed?

Answer 2

• Must NOT read it
• Return it (e.g., if the other side’s solicitors mistakenly sent it –> return it to them)
• Do NOT tell the client about it

Question 3

Exception to the rule that solicitor must make a client aware of all material information

Answer 3

The exception applies where the information is contained in a privileged document that the solicitor only has knowledge of because it has been mistakenly disclosed

Question 4

Duty of confidentiality vs duty of disclosure (former and current clients)

Answer 4

Could have an issue where you have previously acted for a client who is now the opposing side in a new matter for a new client

• Can act for the current client
• But if we hold confidential information which is material to the current client’s matter, must ensure there are effective measures in place to ensure there is no risk of disclosure of confidential information

Rule 6.5 Code of Conduct - duty of confidentiality and disclosure

Question 5

What does 6.5 Code of Conduct provide?

Answer 5

You cannot act for a client where that client has an interest adverse to the interest of another client or former client, unless:

a) effective measures are in place to ensure there is no real risk of disclosure; or
b) the current client has given informed consent