Do Solicitors have confidentiality?
The general rule is that a solicitor must keep the affairs of their client confidential unless disclosure is required or permitted by law or the client consents.
When can a solicitor breach confidentiality?
A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.
Can I share confidential information with my lawyer?
The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.
Do Solicitors have a code of conduct?
Codes of Conduct The Code sets requirements that solicitors must meet, including the behaviours they must demonstrate when they are providing legal services to people.
When can confidentiality be broken UK?
Breaking confidentiality is done when it is in the best interest of the patient or public, required by law or if the patient gives their consent to the disclosure. Patient consent to disclosure of personal information is not necessary when there is a requirement by law or if it is in the public interest.
What happens if a solicitor breaches confidentiality?
If your solicitor is in breach of their professional standards, has discriminated against you or has acted dishonestly, you can take your case to the Solicitors Regulation Authority (SRA). The SRA will investigate your case and has the power to impose fines or even to close a firm.
When do solicitors have to keep their affairs confidential?
The general rule is that a solicitor must keep the affairs of their client confidential unless disclosure is required or permitted by law or the client consents.
What is the SRA code of Conduct for solicitors?
The SRA (Solicitors Regulation Authority) Code of Conduct (the Code) sets out our outcomes-focused conduct requirements so that you can consider how best to achieve the right outcomes for your clients taking into account the way that your firm works and its client base. The Code is underpinned by effective, risk-based supervision and enforcement.
What are the regulatory duties relating to confidentiality?
The principle regulatory duties relating to confidentiality are to be found in the SRA Principles 2011 and at Chapter 4 of the SRA Code of Conduct 2011 (“the Code”). The relevant Principles are: 1 – uphold the rule of law and the proper administration of justice;
Do you have a duty to protect confidential information?
The majority of solicitors and employees in law firms understand that they are under a duty to protect confidential information relating to their relationship with clients.