header-logo header-logo

13 October 2023 / Iain Miller , Charlotte Judd
Issue: 8044 / Categories: Features , Regulatory , Profession
printer mail-detail

Client confidentiality—to disclose or not disclose?

142608
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll