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PROFESSIONAL CONDUCT AND REGULATION WORKSHOP 1 - Legal Foundations: Chap 12, 13
Profession is regulated by govt and SRA.
DUTY OF CONFIDENTIALITY
extends to all info. about a client matter, regardless of source.
duty continues after retainer has been terminated (former clients, dead clients > their PRs
ALL members of a firm owe a DOC to ALL clients of the firm (?)
Solicitors MUST safeguard identity of clients
Where firm merge / solicitor leaves one firm and goes to another = confidentiality issues
WHEN CONFIDENTIAL INFO. CAN BE DISCLOSED
Pursuant to:
statutory requirement
statutory duty
under a court order
If solicitor is uncertain > Professional Ethics Team
CONFIDENTIAL INFO RECEIVED BY MISTAKE
Ablitt v Mills & Reeve - receiving solicitor must return the papers to the originating solicitor without reading them or making use of info.
Any breach of confidentiality = breach of professional conduct. Client may sue.
DUTY OF DISCLOSURE
Any individual within a firm who is advising a client must make sure that client is aware of ALL material info. including personal knowledge [Outcome 4.2]
Limitations:
Client gives specific informed consent to non-disclosure / varies level of disclosure
Evidence that serious physical or mental injury will be caused if info. is disclosed to client
Legal restrictions prohibit solicitor from passing info. to client
Privileged documents have been mistakenly disclosed to the solicitor
Solicitor comes into possession of info. relating to State security or intelligence matters
Solicitors must not place themselves in a situation where any relevant information could be disclosed to another clientDUTY OF CONFIDENTIALITY OVERRIDES DUTY OF DISCLOSURE
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- Postgraduate Legal Foundations Note on Untitled, created by cescablaney on 08/01/2014.
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