Protecting a client's secrets is one of the most basic things a client expects from their solicitor — and the law treats it as fundamental. But a solicitor also owes a duty to tell the client what matters to their case. Most of the time these sit comfortably together; sometimes they pull in opposite directions, and you need to know which one wins and how to handle it without getting it wrong. This is everyday territory in practice, from taking on a new client to spotting a money laundering risk.
This lesson walks you through it in order:
- The Two Duties — what confidentiality and disclosure each require, how long they last, and which prevails in a conflict.
- Scope of and Exceptions to the Duty of Disclosure — when information is 'material', and the four situations that switch the duty off.
- Exceptions to the Duty of Confidentiality — consent, legal compulsion, self-defence, and protecting vulnerable people.
- The Crime/Fraud Exception to Privilege — when privilege simply never existed, and the high threshold to prove it.
- Money Laundering and Mistaken Disclosure — reporting suspicions, tipping-off, and documents sent to you in error.
- Acting for New Clients and Information Barriers — informed consent, when to decline, and how a barrier actually works.
- Joint Retainers — why you cannot keep secrets between joint clients, and what to explain at the outset.