Confidentiality is a principle that determines who can have access to sensitive and personal information. It also restricts who can share this information with others.
It is vital for businesses to have strong confidentiality policies in place. Otherwise, confidential information could be leaked to competitors. This could lead to a loss of business and potential legal problems.
Confidentiality in family law matters
A family law case can be very personal, and confidentiality is important. In many cases, sensitive information, such as medical records and mental health treatment, may end up in the court record. Preserving confidentiality in a family law matter takes careful forethought.
If a solicitor discloses privileged information without client consent, it can be considered a breach of the duty of confidentiality. The rule states that a lawyer cannot divulge any privileged information to anyone, including a current or former client. This includes family members, the media, or any other third party. It also applies to notes and drafts made by a solicitor, including those that are written in longhand. If a solicitor accidentally allows confidential information to be viewed by someone who is not supposed to see it, the solicitor can face disciplinary action from the SRA.
Confidentiality breaches often occur because of careless talk. It is best not to discuss family law matters with others outside of the office, particularly in public places, and it is also not a good idea to use social media to discuss such issues, as even though your Facebook posts may be set to private, it only takes one person to screenshot them and distribute them. It is also a good idea to use secure digital devices when storing confidential client information, as laptops and home computers are easily stolen or breached.
Confidentiality in divorce cases
The divorce process can involve a great deal of personal, private information about both spouses and can be a sensitive time for family members. For this reason, many people choose to have their solicitors draw up confidentiality agreements for them during the course of a case. These may be rigid in their terms, requiring both spouses to agree never to divulge certain details about the case or settlement to anyone else, including friends, family and news organisations. Or they may be more flexible, allowing spouses to decide who they do or don’t want to share the information with.
As a general rule, all communications between lawyers and their clients are confidential, unless the client consents otherwise. This is called “attorney-client privilege”. This applies not only to communication in person, but also to communication by email and other electronic means. It continues even after the case has finished and the lawyer-client relationship has ended.
Some documents filed in a divorce proceeding are public records. But others are confidential, such as financial information or affidavits related to child custody matters. When a client wants to keep this kind of information confidential, it can be helpful for them to ask their solicitor to file it as a confidential document or to redact the account numbers and social security numbers that are in the documents.
Confidentiality in child custody cases
Often, child custody cases are very sensitive and can include highly personal information such as medical records and mental health issues. As such, it’s essential to be able to retain confidentiality and ensure that sensitive information isn’t shared with others. While this is difficult to do, it’s important for solicitors to be aware of the potential consequences of sharing confidential information with third parties.
Disclosing confidential information to a third party can result in disciplinary action by the SRA, and solicitors should carefully consider whether their duty of confidentiality and solicitor-client privilege outweigh the risk of harming a client or a third party. However, there are some circumstances where disclosure may be necessary in order to prevent a potential harm or injustice. For example, if a client discloses that they are being subjected to physical or emotional abuse but refuses to permit you to reveal this to the police, it would be inappropriate not to do so as there is a clear risk of further harm.
In many family law matters, the judge will send parents to a custody mediation program where they discuss their child custody arrangements with a mediator. It’s important for the solicitor to ensure that this process is confidential so that privileged and confidential information doesn’t end up in court proceedings. Unfortunately, this can be difficult to achieve and even if a judge has issued an order that specific information is kept confidential, it’s still possible for clients to violate these orders by discussing the matter on social media or in public.
Confidentiality in financial matters
When it comes to financial matters, your solicitor will have access to a lot of sensitive information. Protecting confidential information is important for protecting your legal rights and helping you to win a case. It is a lawyer’s duty to maintain confidentiality and solicitor-client privilege in these cases. If your lawyer discloses confidential information to someone else without your consent, they are in breach of their duty of professional secrecy.
The duty of confidentiality applies to all communications with clients, including email and video calls. It also includes documents created by a solicitor on behalf of their client. However, it is important to note that there is a difference between confidentiality and solicitor-client privilege. While the two are closely related, they are not the same thing. Confidentiality is a legal obligation, while solicitor-client privilege is an ethical one.
It is important to remember that you must not reveal any confidential information to anyone other than your lawyer. If you communicate with your lawyer via email before a consultation, it is best to use a separate email account or make sure that the email is password protected. It is also a good idea to not share any confidential information with other people, even family members. This could lead to a breach of your duty of confidentiality and could compromise your case.
