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Legal Ethics

Legal Ethics (3rd edn)

Jonathan Herring
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date: 10 December 2024

p. 1926. Confidentialitylocked

p. 1926. Confidentialitylocked

  • Jonathan Herring

Abstract

This chapter discusses the principle of confidentiality. It explains the protection of lawyer–client communications and it discusses professional guidance on confidentiality. It is clear that the duty of confidence is not an absolute one and there are circumstances in which it is appropriate, indeed even required, for a lawyer to disclose confidential information. The chapter explores when these exceptions to the general principle of protection of confidence arise. It goes on to examine the rule of legal professional privilege and the circumstances in which lawyers have a duty to disclose. The chapter discusses when a lawyer is permitted to breach confidence. In doing so, it looks at the broader ethical foundation for the duty of confidence.

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