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Confidentiality

Legal terms A-Z

What someone says to their own lawyer is private, and the lawyer cannot repeat anything without permission.

There are some exceptions, for example if a threat is made the lawyer may have to report the threat to the police, in order to protect the person who has been threatened. In trafficking cases, there could also be a conflict between the lawyer’s duties of confidentiality and their ability to act in the client’s best interest if a child refuses to allow the solicitor to disclose information about ongoing abuse. Here, a lawyer must consider whether the threat to the child’s life or health is sufficiently serious to justify a breach of the duty of confidentiality. However, a child’s appropriate adult is not covered by legal privilege or a duty of confidentiality.

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