What is the rule about confidentiality?

Section 3 of the Solicitors Rule 2007 states that you must never disclose to any person who is not a partner or employee of your law practice, any information which is confidential to a client and acquired by you or your practice during the retainer.  ‘Employee’ is defined in Schedule 2 of the Legal Profession Act 2007 as: ‘Employee of an entity, means a person who is employed or engaged under a contract of service or a contract for services in or by the entity whether or not (a) the person works full-time, part-time, or on a temporary or casual basis; or (b) the person is a law clerk or article clerk’.  This definition applies to the Solicitors Rule 2007.

Confidential information is any information that is provided by a client in confidence. This will often be all the information on a file.  This is the safest approach to adopt if there is any doubt.

The duty of confidentiality exists to potential clients or ‘enquirers’; people with whom you have an initial discussion or consultation but who do not go on to instruct you, or you refer to someone else, or for whom you decline to act (as is your right).