WHAT'S THE BIG SECRET?
(March 2003)
by Lianne Macdonald
You may have heard that everything
you tell
your lawyer is protected by solicitor-client
privilege. What does that really mean?
As lawyers we follow a professional
code
of conduct to safeguard our clients'
interests.
The code of conduct includes rules
about
confidentiality. These 'solicitor-client
privilege' rules are far-reaching.
Except
in very limited circumstances:
- we hold in strict confidence and safeguard
all information provided by our clients,
regardless of the nature or source of the
information or of the fact that others may
share the information;
- we will not disclose the fact of having been
consulted or hired by our clients (not even
to our spouses!);
- we preserve our clients' secrets even after
the lawyer-client relationship has ended;
- we will not use confidential information
provided by a client for the benefit of anyone
else, or to the disadvantage of the client;
and
- we will not gossip about a client's affairs.
We may only disclose confidential information
if required to do so by law, by a court order,
or if disclosure is necessary to prevent
a crime involving death or serious bodily
harm to someone. The instances where we must
make such disclosure are rare indeed. Solicitor-client
privilege ensures that our clients can make
full disclosure to us and thus receive the
best possible legal advice without worrying
that the information discussed will become
public.
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