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 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:
what is material confidential information?
what is an adverse interest?
what is informed consent?
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.
You must keep the affairs of clients confidential unless:
disclosure is required or permitted by law, or
the client consents
For more guidance on the general duty of confidentiality and the relationship between confidentiality and client conflict under the SRA Standards and Regulations, see Practice Notes: Duties of confidentiality and disclosure 2019 and Duties of confidentiality and disclosure—SRA 2011 regime and SRA 2019 regime compared.
Any individual who is acting for a client must also make the client aware of all information material to the matter of which the individual has knowledge (unless certain exceptions apply).
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**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
Take a free trial
Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial). At the end of the hearing the judge
Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with
Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general
0330 161 1234