Confidentiality & disclosure

The protection of confidential information is a fundamental feature of the solicitor-client relationship and a core professional principle. Solicitors also have a duty to disclose to their clients information of which they are aware and which is material to their client’s matter, unless specified exceptions apply.

The duty of confidentiality

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

The duty of confidentiality applies at common law as well as under the SRA’s conduct requirements. It can arise before you are instructed and will continue after your relationship with a client ends, or on the death of your client, when it will pass to the client’s personal representatives. It is an unqualified duty to keep information confidential, not just to take all reasonable steps to do so.

See Practice Note: Duties of confidentiality and disclosure—The duty of confidentiality.

There are limited exceptions to the duty of confidentiality:

•
where disclosure is required or permitted

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