What is my duty in relation to confidentiality?
You are required under Principle 5 of the CILEx code of conduct
to act competently in the best interests of your client and respect
client confidentiality.
Outcome 5.12 of the CILEx code of conduct states that you must
maintain confidentiality in respect of your client’s affairs except
where to do so would conflict with the law or the code or where
your client explicitly authorises you to disclose confidential
information.
If you work in a solicitors firm you should also observe the
solicitors' code of conduct. The solicitors’ code of conduct shows
that the duty of confidentiality continues, despite the end of the
retainer or even the death of your client. Therefore you are
required to keep the affairs of former clients confidential. (See
Chapter 4 of the solicitors’ code of conduct). Outcome 4.1 provides
that you should “…keep the affairs of clients confidential unless
disclosure is permitted by law…” Indicative Behaviour 4.4 suggests
you will meet the outcomes if “…you disclose to the client all
information material to the clients matter of which you are
personally aware except when:…(c) legal restrictions effectively
prohibit you from passing the information to the client such as the
provisions in the money-laundering and anti-terrorism
legislation.”
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