9. Confidentiality

    1. A solicitor must not disclose any information which is confidential to a client and acquired by the solicitor during the client’s engagement to any person who is not:
      1. a solicitor who is a partner, principal, director, or employee of the solicitor’s law practice; or
      2. a barrister or an employee of, or person otherwise engaged by, the solicitor’s law practice or by an associated entity for the purposes of delivering or administering legal services in relation to the client,
        EXCEPT as permitted in Rule 9.2.
    2. A solicitor may disclose confidential client information if:
      1. the client expressly or impliedly authorises disclosure;
      2. the solicitor is permitted or is compelled by law to disclose;
      3. the solicitor discloses the information in a confidential setting, for the sole purpose of obtaining advice in connection with the solicitor’s legal or ethical obligations;
      4. the solicitor discloses the information for the sole purpose of avoiding the probable commission of a serious criminal offence;
      5. the solicitor discloses the information for the purpose of preventing imminent serious physical harm to the client or to another person; or
      6. the information is disclosed to the insurer of the solicitor, law practice or associated entity.

Popular and important

Can an executor require me to hand over my will instruction file? Can I disclose information for the purpose of preventing imminent serious physical harm to my client or another person? Can I keep information from my client for their own good? Can information in the public domain still be confidential? Can impressions be confidential information? Checklist for solicitors served with a statutory notice to produce client documents Confidential communications in a social setting Confidentiality extends beyond the office Is an Attorney entitled to collect a Principal’s original will from your safe custody or to take a copy? My client has threatened self-harm. What should I do? Negotiations and confidentiality Responding to threats of imminent serious physical harm The extent of the duty of confidentiality in criminal matters and misconduct allegations To Cc or Bcc, that is the question – email, etiquette and ethics What is confidential information? What is the rule about who is entitled to inspect and have a copy of the will of a deceased person? What should I do if I believe that my client intends to physically harm someone?

Guidance statements

No.33 Acting for insured and insurers

This guidance statement looks at the ethical issues practitioners should consider when acting for or on behalf of an insured on the instructions of an insurer. *Updated 24 October 2024

No.26 Multi-disciplinary practices - CLCs

This Guidance Statement considers the ethical issues faced by solicitors working in multi-disciplinary practices and in particular, focusses on the Community Legal Centre ('CLC’) experience where practitioners interact with social workers.

No.27 Second opinions

It is important to be aware of your ethical obligations when being asked to provide a ‘second opinion’ by a client of another solicitor. *Updated 31 October 2024

No.35 Work experience and internships

This guidance statement outlines what practitioners should consider in relation to work experience and internships. * Updated 23 October 2024

No.24 Ethical considerations on the use of social media and law practice websites

This Guidance Statement raises the ethical issues practitioners should consider when engaging in social media.*Updated 30 October 2024

No.25 Professional Standards when Appearing in Court Remotely

Practitioners are reminded that the highest standards of professionalism continue when appearing before the court remotely. This Guidance Statement outlines what solicitors should consider when doing so.*Updated 30 October 2024