The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
Protection of confidential information is fundamental to your relationship with clients, both as a matter of law and as a matter of conduct. This duty continues despite the end of the retainer and even after the death of the client.
Chapter 4 of the SRA Code of Conduct 2011 deals with confidentiality but the SRA does not:
give a definition of confidential information—for more guidance on this, see Practice Note: Material confidential information and adverse interests
prescribe detailed rules for identifying and managing confidentiality issues
This Practice Note reflects the requirements of the SRA Handbook 2011. It has not been updated for the SRA Standards and Regulations, in force from 25 November 2019. See Practice Notes: Duties of confidentiality and disclosure 2019 and Duties of confidentiality and disclosure—SRA 2011 regime and SRA 2019 regime compared for more information on the revised requirements.
This Practice Note covers the SRA’s regulatory requirements regarding confidential information belonging to current or former clients. It does not address confidentiality obligations to non-clients, eg under a confidentiality agreement with a third party. For more information on the law of confidentiality in general, see subtopic: Confidential information.
You must keep the affairs of clients confidential unless:
disclosure is required or permitted by law, or
the client consents
The SRA give two examples of the restrictions on disclosing confidential information. You should not disclose:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.