9. Confidentiality

    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:
      1. a solicitor who is a partner, principal, director, or employee of the solicitor’s law practice; or
      2. a barrister or an employee of, or person otherwise engaged by, the solicitor’s law practice or by an associated entity for the purposes of delivering or administering legal services in relation to the client.

        EXCEPT as permitted in Rule 9.2.

    2. A solicitor may disclose confidential client information if:
      1. the client expressly or impliedly authorises disclosure;
      2. the solicitor is permitted or is compelled by law to disclose;
      3. 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;
      4. the solicitor discloses the information for the sole purpose of avoiding the probable commission of a serious criminal offence;
      5. the solicitor discloses the information for the purpose of preventing imminent serious physical harm to the client or to another person; or
      6. the information is disclosed to the insurer of the solicitor, law practice or associated entity.

Guidance statements

This Guidance Statement considers the ethical issues faced by solicitors working in multi-disciplinary practices and in particular, focusses on the Community Legal Centre ('CLC’) experience where practitioners interact with social workers.

It is important to be aware of your ethical obligations when being asked to provide a ‘second opinion’ by a client of another solicitor.

This Guidance Statement raises the ethical issues practitioners should consider when engaging in social media.

Practitioners are reminded that the highest standards of professionalism continue when appearing before the court remotely. This Guidance Statement outlines what solicitors should consider when doing so.