{"id":6438,"date":"2025-05-28T09:49:08","date_gmt":"2025-05-28T08:49:08","guid":{"rendered":"https:\/\/www.clio.com\/uk\/?post_type=blog-post&p=6438"},"modified":"2025-05-28T11:05:04","modified_gmt":"2025-05-28T10:05:04","slug":"lawyers-client-confidentiality","status":"publish","type":"post","link":"https:\/\/marketing.dev.clio.systems\/uk\/blog\/lawyers-client-confidentiality\/","title":{"rendered":"Client Confidentiality: Why Every Lawyer Should Stay on High Alert"},"content":{"rendered":"

Client confidentiality is a core tenet of the legal profession. Clients must trust that whatever they share with their solicitor stays between them. Otherwise, why would they share sensitive information? <\/span>This makes perfect sense. Unfortunately, however, maintaining client confidentiality can be easier said than done.<\/span><\/p>\n

Cyber attacks on law firms are increasing<\/span><\/a>. Even the tightest-lipped solicitors are at risk of confidentiality breaches\u2014unless they take the appropriate precautions. Such slip-ups can be incredibly damaging.<\/span><\/p>\n

Not only do breaches erode trust between clients and their lawyers, but they can also negatively impact cases, ruin a firm\u2019s reputation, and put solicitors in hot water.\u00a0<\/span><\/p>\n

With cyber threats increasing and data breaches making headlines, safeguarding client confidentiality has never been more critical.<\/span><\/p>\n

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What information do lawyers need to keep confidential?<\/h2>\n

Lawyers have a duty of confidentiality, which applies to all confidential information they acquire about a client\u2019s matters. This is known as lawyer professional privilege (LPP).\u00a0<\/span><\/p>\n

As the <\/span>Solicitors Regulation Authority<\/span><\/a> (SRA) <\/span>puts it<\/span><\/a>, solicitors must:<\/span><\/p>\n

Keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents.<\/span><\/p><\/blockquote>\n

This duty continues even after the solicitor-client relationship ends. If a client passes away, confidentiality rights are transferred to their personal representatives. Law firms must have robust systems to ensure confidential information is always protected.<\/span><\/p>\n

What doesn\u2019t need to be confidential?<\/h2>\n

Confidentiality applies to all information regarding the retainer for which a firm is instructed. In other words, not <\/span>all <\/span><\/i>information.<\/span><\/p>\n

Imagine walking out of court and your client steals a passerby\u2019s handbag. In this event, providing information regarding the theft wouldn\u2019t breach your duty of confidentiality, as it\u2019s unrelated to the matter on which you were initially advising.\u00a0<\/span><\/p>\n

What\u2019s more, LPP doesn\u2019t apply to communications made with the intention of the client committing a crime or fraud. In other words, if a client tells you they\u2019re planning to commit a crime, you should feel no pressure to withhold this information from the authorities. <\/span><\/p>\n

Client confidentiality in the information age<\/h2>\n

More information gets shared on social media and via apps each day. Every day:<\/span><\/p>\n