What are the exceptions to the duty of confidentiality?

 These are set out in s 3 of the Solicitors Rule 2007 and include:

• the client authorises disclosure
• where you are permitted or compelled by law to disclose the information
• to avoid the commission of a serious offence
• the information has lost its confidentiality
• to prevent serious physical harm to someone.

That the client has died is not an exception. The duty survives the client’s death and is then owed to the deceased’s estate, and authority to disclose confidential information may be sought from the personal representatives.

The end of the retainer is also not an exception.  It is clear that this duty outlives the retainer, and the rule specifically says you must never disclose the confidential information.