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13 October 2023 / Iain Miller , Charlotte Judd
Issue: 8044 / Categories: Features , Regulatory , Profession
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Client confidentiality—to disclose or not disclose?

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Iain Miller & Charlotte Judd mull some tough ethical dilemmas
  • Client confidentiality has been viewed by the profession as absolute with very limited exceptions. Unless there is an obvious and clear basis to disclose then confidentiality must be preserved.
  • While this approach provides the profession with clarity, is it correct? Should the public interest play a bigger role?

When it comes to client confidentiality, does the profession draw the line in the right place?

Historically, the paramountcy of client confidentiality, to the exclusion of all else, has been instilled in us from the early days of our legal careers. We think, it’s fair to say, that many of us faced with a request to disclose would instinctively formulate a response that erred on the side of caution and favoured non-disclosure. Has the historic position coupled with the severe consequences of breaching client confidentiality led us down a path where we now simply accept this as the position, rather than truly analysing where the line should properly be drawn and fully understanding the principles behind this?

The Solicitors

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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