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discipline 30 September 2026

The duty in context

Client confidentiality client

The lawyer must keep the affairs of current, former and prospective clients confidential except where disclosure is required or permitted by law or the client gives informed consent.

38 cases 34% strike-off 1 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 6.3 strong 12 cases
6.3 You keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents.
E&W Barristers BSB Handbook CD6; rC15.5; gC42 strong 3 cases
CD6 You must keep the affairs of each client confidential. rC15.5 you must protect the confidentiality of each client's affairs, except for such disclosures as are required or permitted by law or to which your client gives informed consent.
Cayman Islands Legal Services Code 2026 R.5.1; R.6.1(c) strong
An attorney-at-law shall keep the affairs of clients, former clients and potential clients (where any information of a confidential nature has been provided) confidential except where — (a) a recognised law entity is compelled or permitted by law to disclose the information; or (b) the client, former client or potential client has given informed written consent to the information being disclosed.
AU Solicitors Solicitors' Conduct Rules Rules 9.1; 9.2 strong 21 cases
9.1 A solicitor must not disclose any information which is confidential to a client and acquired by the solicitor during the client's engagement to any person who is not [a partner/principal/director/employee/barrister etc.]... EXCEPT as permitted in Rule 9.2. 9.2 A solicitor may disclose information which is confidential to a client if: 9.2.1 the client expressly or impliedly authorises disclosure; 9.2.2 the solicitor is permitted or is compelled by law to disclose...
AU Barristers Uniform Barristers Rules r108 strong 3 cases
A barrister must not disclose (except as compelled by law) or use in any way confidential information obtained by the barrister in the course of practice concerning any person to whom the barrister owes some duty or obligation to keep such information confidential unless or until [exceptions].
IE Solicitors Law Society Guide Ch4 — Professional duty of confidentiality: General strong
Any matter relating to a client's affairs can only be disclosed with the consent of the client, by the direction of a court, or to a body requiring disclosure while exercising its statutory powers. The solicitor's professional duty of confidentiality should override a solicitor's inclination as a dutiful citizen to report any matter to the authorities.
IE Barristers Bar Code of Conduct Rule 2.7; Rule 3.7(a) strong
Barristers must maintain the confidentiality of each client's affairs, and, subject to the provisions below, are under a duty not to communicate to any third party, information entrusted to them by or on behalf of their clients ... This duty continues at all times after the relation of Barrister and client has ceased, and after the death of the client.
JM Attorneys Canons of Professional Ethics Canon IV(t) strong 1 case
An Attorney shall not knowingly- (i) reveal a confidence or secret of his client, or (ii) use a confidence or secret of his client- (1) to the client's disadvantage; or (2) to his own advantage; or (3) to the advantage of any other person unless in any case it is done with the consent of the client after full disclosure.
JE Lawyers Law Society of Jersey Code R.2.1 strong
Members must keep the affairs of clients, former clients and potential clients (where any information of a confidential nature has been provided) confidential except where a firm is compelled or permitted by law to disclose the information... or where the client, former client or potential client has agreed or given informed written consent to the information being disclosed.
ON Lawyers LSO Rules of Prof. Conduct r 3.3-1 strong
A lawyer at all times shall hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship and shall not divulge any such information unless (a) expressly or impliedly authorized by the client; (b) required by law or by order of a tribunal of competent jurisdiction to do so; (c) required to provide the information to the Law Society; or (d) otherwise permitted by rules 3.3-2 to 3.3-6.
BC Lawyers BC Code r 3.3-1 strong 1 case
A lawyer at all times must hold in strict confidence all information concerning the business and affairs of a client acquired in the course of the professional relationship and must not divulge any such information unless: (a) expressly or impliedly authorized by the client; (b) required by law or a court to do so; (c) required to deliver the information to the Law Society, or (d) otherwise permitted by this rule.
NZ Lawyers Conduct & Client Care Rules r 8 strong
A lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the client's business and affairs acquired in the course of the professional relationship.
SCO Solicitors LSS Standards of Conduct B1.6 strong
You must maintain client confidentiality.
SG Lawyers Professional Conduct Rules 2015 r 6 (Confidentiality) strong
6 Confidentiality
HK Solicitors Solicitors' Guide Principle 8.01 strong
A solicitor has a legal and professional duty to his client to hold in strict confidence all information concerning the business and affairs of his client acquired in the course of the professional relationship, and must not divulge such information unless disclosure is expressly or impliedly authorized by the client or required by law or unless the client has expressly or impliedly waived the duty.
HK Barristers Bar Code of Conduct para 10.18(b) strong
A practising barrister must preserve the confidentiality of the client's affairs. He must not, without the prior consent of the client or unless compelled, required or permitted by law, lend the papers in any brief or instructions or reveal their contents ... This duty of confidentiality continues even after the termination of the relation of Counsel and client.

Cases dealing with this duty

Clear

38 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

  • Charles Elwes Dunbar
    SDT solicitor 11055/2012 2012-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • David Shorrocks
    SDT solicitor 10546/2010 2010-01-01 text match

    Breaches, Failures

    Strike off 1 PDF View decision
  • Robin Carl TAMPOE
    LSC-QLD solicitor Hoolihans Lawyers (now defunct) 2009-06-05 text match

    Guilty of professional misconduct on 2 charges.

    other 1 PDF View decision
  • MARK TERENCE TROWELL
    LPBWA lawyer PO Box 2533 PERTH WA 6002 Legal Practitioners Complaints Committee v Trowell [2009] WASAT 42 and [2009] WASAT 42 (S) 2009-03-12 text match

    Unsatisfactory Conduct by Unprofessional Conduct

    Unsatisfactory Conduct by Unprofessional Conduct 2 PDFs View decision
  • JANET WALTON
    LPBWA lawyer PO Box 45 OSBORNE PARK WA 6917 Legal Practitioners Complaints Committee v Walton [2006] WASC 213 2006-09-01 text match

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 1 PDF View decision
  • Diane Kay Whiston
    SDT solicitor 9391/2005 2005-01-01 found breached

    Others

    S.43 Order (clerks) 1 PDF View decision
  • Selwyn Kennedy Noel
    SDT solicitor 8708/2002 2002-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Scott Michael Canavan
    SDT solicitor 6806/1995 1995-01-01 text match

    Criminal Convictions

    S.43 Order (clerks) 1 PDF View decision
  • Mariam El-Sobky
    BTAS barrister Lincoln's Inn rule cited
    no_order Adjourned - Part Heard 1 PDF View decision
  • Benjamin Joseph O'Brien
    LSC-QLD solicitor HW Litigation Pty Ltd 17.06.2025 rule cited

    In respect to charges 1, 2, 3 and 4 in the discipline application is proved and is found to constitute professional misconduct

    Undertake and complete the Queensland Law Society Ethics Course 1 PDF View decision
  • Colin Philip Henry Murray
    LSC-QLD solicitor Murray Laws Pty Ltd 19 August 2025 rule cited

    The Respondent’s conduct in relation to charge 1 is proved and is found to constitute professional misconduct.

    Undertake and complete the Queensland Law Society Ethics Course 1 PDF View decision
  • Michael William Kemp
    LSC-QLD solicitor Highland Law 3.07.2025 rule cited

    The Respondent engaged in professional misconduct in respect of the 2023 proceedings and charge 8 of the 2024 proceedings.

    Struck off 1 PDF View decision
  • Michael Anthony Graham
    LSC-QLD solicitor Global Billing Legal Costs Consultants 18 September 2024 rule cited

    Guilty of professional misconduct on charge 1 to 5

    Suspended 1 PDF View decision

Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.