The adage 'loose lips sink ships’ can easily be applied to solicitors. When at a wine bar, or a pub, or in a lift we have to be careful about what we communicate to others concerning client matters.
We need to keep in mind that we have an obligation of confidentiality.1 The obligation is nearly absolute. There are only limited exceptions.2
Loose lips can sink not only the law practice but also the reputation of the person or persons who may have inadvertently published to third parties their client’s confidential information.3 When in a social environment (a pub or wine bar or at a friend’s home for a bar-b-que) or in a lift or in using social media we must remember that we have to be constantly vigilant to protect the interest of our client’s right to privacy and confidentiality.
1 This obligation arises at common law (it is implied in all retainers), in equity and under Rule 9 of the Australian Solicitors Conduct Rules 2012 (Qld) (‘ASCR’).
2 See ASCR r 9.2.
3 A client can sue the solicitor and law practice for a breach of confidence: Taylor v Blacklow (1836) 3 Bing NC 235. It could also expose us to disciplinary action.