Can I disclose information for the purpose of preventing imminent serious physical harm to my client or another person?

Rule 9.1 of the Australian Solicitors Conduct Rules 2012 (Qld) (ASCR) provides that we must not disclose any information which is confidential to a client and acquired by us during the client’s engagement to any person unless permitted by Rule 9.2 ASCR.

Rule 9.2.5 ASCR states:

[A] solicitor may disclose confidential client information if the solicitor discloses the information for the purpose of preventing imminent serious physical harm to the client or to another person.

This is a permissive rule. When confronted by circumstances where this permitted exception may operate, ask the following:

  • what is the prospect that the potential harm will occur and is it imminent?
  • are there other ways that the potential harm could be prevented?
  • under what circumstances has the information been obtained?
  • how rational is the client?
  • are you aware of any previous threats?
  • is the client merely letting off steam?

Disclosure should be made only to the extent necessary to prevent imminent serious physical harm. Take a detailed note of any disclosure you make and to the persons to whom you make it.