Definition. The ethical duty of a lawyer not to affirmatively disclose information related to the representation of a client. Unlike the attorney-client privilege, the duty of confidentiality is in effect at all times, not just in the face of legal demands for client information.
What is the lawyer’s duty of confidentiality?
In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients’ affairs. Information that solicitors obtain about their clients’ affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.
When can a lawyer disclose confidential information?
The requirements of confidentiality between lawyers and their clients are outlined under Rule 9 of the Australian Solicitors’ Conduct Rules 2015 (NSW). Rule 9 states that a solicitor must not disclose any information: Which is confidential to a client, AND. Acquired by the solicitor during the client’s engagement.
What is the confidentiality rule?
The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.
Can a lawyer reveal the identity of a client?
All jurisdictions have a version of Rule 1.6, which provides that a lawyer “shall not reveal information relating to the representation of a client.” Information that relates to the representation of a client is much broader than the information that fits into the evidentiary protection of attorney-client privilege.
Is everything you tell a solicitor confidential?
Is Everything I tell my Solicitor Private and Confidential? … According to Solicitors’ Code of Conduct your solicitor will be bound by a duty of confidentiality and he should therefore not make any unnecessary disclosures about your case.
What is an example of confidentiality?
Sharing employees’ personal data, like payroll details, bank details, home addresses and medical records. Using materials or sharing information belonging to one employee for another without their permission, like PowerPoint presentations.
What happens if lawyer breaks confidentiality?
This rule is so important because disclosing a client’s sensitive information can cause serious harm to his or her legal interests. An attorney who allows such a disclosure to happen, either deliberately or negligently, is likely guilty of legal malpractice.
Does the duty of confidentiality end?
SCR20:1.18(b) The duty of confidentiality continues after the lawyer-client relationship ends and does not extinguish with any passage of time, the client’s death, or in the case of an organization client, its dissolution.
What is the lawyer’s duty of confidentiality and why is it important?
Lawyers have a duty to keep everything a client tells them confidential. This is an ethical and legal duty of the lawyer. The courts also respect the confidential nature of the lawyer-client relationship during a trial.
What are the four principles of confidentiality?
only disclose identifiable information if it is necessary, and, when it is, only disclose the minimum amount necessary; tell service users when you have disclosed their information (if this is practical and possible);
What are the legal requirements for confidentiality?
In practice, this means that all patient/client information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient/client.