Do Solicitors have client confidentiality?

The duty of confidentiality continues beyond a solicitor ceasing to act for a client. If a solicitor obtains information relating to a prospective client, they may still be bound by a duty of confidentiality, even if the person concerned does not go on to instruct their firm.

Is confidentiality a legal right?

Confidentiality refers to personal information shared with an attorney, physician, therapist, or other individuals that generally cannot be divulged to third parties without the express consent of the client. While confidentiality is an ethical duty, privacy is a right rooted in the common law.

Can a solicitor breach the duty of 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.

What happens if an employer breaches a confidentiality agreement?

Then, evidence of the breach should be gathered to show there has been irreparable harm. The language of most confidentiality agreements states that any breach would be seen as causing irreparable harm. If an employee confidentiality agreement has been breached, the employer may receive monetary damages from the employee.

Can a lawyer disclose confidential information to a client?

In brief terms, confidential information may be disclosed where it is appropriate to do so but privilege is absolute, and privileged information cannot therefore be disclosed. Confidential communications between lawyers and clients for the purpose of obtaining and giving legal advice are privileged.

Which is the most common breach of client confidentiality?

Careless Talk – one of the most common ways in which client confidentiality can be breached is from discussing client matters outside of the office. All partners and staff should have it impressed upon them that they must not]

What happens if you breach a confidentiality agreement?

However, some settlement agreements go further than some employees would like when it comes to gagging them. Breach the agreement and you may lose the termination payment. You may even face court action for an injunction, damages for losses your employer has suffered and/or the legal costs your employer has racked up with its solicitors.

What happens if a solicitor discloses confidential information?

Disclosure of confidential information which is unauthorised by the client or by the law could lead to disciplinary action against you and could also render you liable, in certain circumstances, to a civil action arising out of the misuse of confidential information.

Can a lawyer waive the confidentiality of client information?

Legal professional privilege can only be waived by the client (and not the firm). In brief terms, confidential information may be disclosed where it is appropriate to do so but privilege is absolute, and privileged information cannot therefore be disclosed.

What are the rules for confidentiality of information?

See Rule 1.2 (d). See also Rule 1.16 with respect to the lawyer’s obligation or right to withdraw from the representation of the client in such circumstances, and Rule 1.13 (c), which permits the lawyer, where the client is an organization, to reveal information relating to the representation in limited circumstances.