Safeguards and information barriers
Published by a LexisNexis Practice Compliance expert
Practice notesSafeguards and information barriers
Published by a LexisNexis Practice Compliance expert
Practice notes
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 and can apply to prospective as well as current and former clients.
There are four key issues that are relevant when considering whether you can act in a confidentiality situation:
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what is material confidential information?
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what is an adverse interest?
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what is informed consent?
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what does the common law say about effective safeguards including information barriers?
This Practice Note discusses safeguards and information barriers. For guidance on the other issues, see Practice Notes: Material confidential information and adverse interests and Informed consent—law firm confidentiality.
The duties of confidentiality and disclosure—SRA requirements
You must keep the affairs of clients confidential unless:
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disclosure is required or permitted by law, or
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the client consents
For more guidance on the general duty of confidentiality and the relationship between confidentiality and client conflict under the SRA
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Jurisdiction(s):
United Kingdom
Key definition:
Safeguards definition
What does Safeguards mean?
1 A term used in the regulation of domestic nuclear facilities and materials. The use of material control and accounting programs must verify that all special nuclear material is properly controlled and accounted for, and the physical protection equipment and security forces; and 2 As used by the iaea, verifying that the "peaceful use" commitments made in binding non-proliferation agreements, both bilateral and multilateral, are honoured.
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