What is the difference between solicitor client privilege and confidentiality?

Attorney-client privilege protects lawyers from being compelled to disclose your information to others. … Confidentiality rules provide that attorneys are prohibited from disclosing any information for privacy reasons, unless it is generally known to others.

Is attorney-client privilege broader than confidentiality?


The duty of confidentiality is broader than the attorney-client privilege; it is not subject to the same exceptions. It includes, but its assertion is not limited to, information passed directly to the lawyer by the client; it is not limited to legal advice or communications related simply to legal matters.

What is solicitor-client confidentiality?

A communication (including a document) between a lawyer and a client for purposes of seeking or providing legal advice, which is intended to be kept confidential. Solicitor-client privilege belongs to the client and can only be waived by the client (or with the client’s informed consent).

What is covered by solicitor-client privilege?

Solicitor-client privilege applies only to confidential communications between client and lawyer. Litigation privilege applies to communications of a non-confidential nature between the lawyer and third parties and even includes material of a non-communicative nature.

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What does legally privileged and confidential mean?

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. … The party receiving privileged information must keep it private and confidential, unless the discloser waives the privilege.

What is the difference between confidentiality privacy and privilege?

Privacy is a personal choice whether to disclose information, Confidentiality is a responsibility to protect someone else’s choices about disclosure, and. Privilege is a legal rule prohibiting the disclosure of private information against someone’s will.

What’s the difference between confidentiality and privilege?

Confidentiality is a duty that is placed upon an attorney. It is an affirmative requirement that compels an attorney to act in a certain way. Specifically, it is a duty that the attorney has to avoid giving out any information about a client. By contrast, privilege is an exemption from a duty.

Do Solicitors have confidentiality?

The general rule is that a solicitor must keep the affairs of their client confidential unless disclosure is required or permitted by law or the client consents.

When can a solicitor breach confidentiality?

A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.

Are solicitors advice confidential?

Legal advice privilege covers confidential communication or discussions between you and your lawyer for the purpose of giving you or receiving legal advice. Such information will not be allowed for inspection to the other party. As long as the communication is confidential it will not be allowed for inspection.

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Are confidential documents privileged?

Privilege can apply to both oral and written communications, and to documents in any form whether hard copy or electronic. For a communication or document to be privileged it must be confidential. … Confidentiality will not, however, in itself give rise to privilege.

Is a conversation with a lawyer confidential?

As a general rule, any communication between a lawyer and a client is confidential and subject to the attorney client privilege. The attorney cannot tell that information to anyone without the client’s consent. Importantly, this privilege applies to the lawyer’s prospective clients, as well as actual clients.

What are 3 types of privileges used to keep information confidential?

Three types of privilege:

  • Those that protect confidential communications made in the course of a professional relatinoship.
  • Exempt from testifying at all.
  • Exempt from giving certain types of information.

What are examples of privileged information?

Under Sec. 3(k) of the Data Privacy Act, “[p]rivileged information refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.” One such example would be any information given by a client to his lawyer.

What is private and confidential?

The value of the words ‘Private and Confidential’ in a legal sense depends on the context in which they are used. … Often these words are written on correspondence merely to emphasise that the intended recipient must open the letter, rather than someone else.