LLB197 Lecture 7: THE DUTY OF LOYALTY
Document Summary
Why we have this duty: fair, trust, loyalty, best interest of the case. There is an implied term of the retainer that all communications between a client and the legal practitioner are confidential. This is protected by law: see evidence act s 118. A solicitor may disclose information which is confidential to a client if: The client expressly or impliedly authorises disclosure: see ucr(s) r 9. 2. 1, The solicitor is permitted or compelled by law to disclose: see ucr(s) r 9. 2. 2, e. g. crimes. The solicitor discloses the information in a confidential setting, for the sole purpose of obtaining advice in connection with the solicitor"s legal or ethical obligations: ucr(s) r 9. 2. 3, The solicitor discloses the information for the sole purpose of avoiding the probable commission of a serious criminal offence: see ucr(s) r 9. 2. 4, The solicitor discloses the information for the purpose of preventing imminent serious physical harm to the client or to another person: see ucr(s) r 9. 2. 5, or.
