Do solicitors have a fiduciary duty?

A solicitor’s duty to his client is primarily contractual and its scope depends on the express and implied terms of his retainer. The relationship between a solicitor and his client is one in which the client reposes trust and confidence in the solicitor. It is a fiduciary relationship.

How do I know if a solicitor is legit?

If you are ever in doubt as to whether your solicitor is genuine, the quickest and simplest way to check them out is to search the ‘find a solicitor service’ on The Law Society website and make sure that they hold a practising certificate, and if there is any doubt ring the Solicitors Regulation Authority and ask them …

When do solicitors have to disclose certain information?

Therefore your solicitor may be required to disclose and allow for inspection certain information contained in documents if the court so orders. Disclosure of documents In the proceedings the parties may be directed or ordered by the court to disclose certain information e.g. documents about their case to the other party.

When is a person under a legal duty to disclose?

when he was under a legal duty to disclose that information dishonestly intending, by that failure, to make a gain or cause a loss The offence is complete as soon as an individual fails to disclose information provided he was under a legal duty to do so, and that it was done with the necessary dishonest intent.

Can a solicitor request a copy of a document?

Copies of the documents may be requested. Information which you will say to you solicitor may or may not be disclosed to the other party depending on whether a particular document falls within one of the definitions of a privileged document.

When is disclosure of client information permitted by law?

Disclosure may be permitted by law. For example, you may be permitted or even required by law to disclose the potential commission of a criminal offence by your client, such as money laundering.

When do solicitors need to disclose personal data?

Solicitors owe a duty to their own clients, for example, not to unnecessarily disclose personal data. This often arises when dealing with requests for information or documentation from “the other side” in a case. If you sue someone there is certain information you must provide the other side with, and some information they are entitled to ask for.

Can a solicitor request too much information from a client?

Litigation solicitors often request and disclose too much information about clients when representing them in court cases.

Disclosure may be permitted by law. For example, you may be permitted or even required by law to disclose the potential commission of a criminal offence by your client, such as money laundering.

When do solicitors have to keep their affairs confidential?

where this is not possible, you put in place effective safeguards including information barriers which comply with the common law; and 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.