Confidentiality

[ste v]

If you go to a solicitor or any law professional are they obliged to keep your matters confidential from agencies such as the police or hmrc ?

[Flonska]

This may help answer your questions:-

https://en.wikipedia.org/wiki/Legal_professional_privilege_in_England_and_Wales

[Baldric]

///but when i ask'd for confidentiality with a professional, i had to sign a form.///

So you had to sign a form, which means you had to keep it confidential, what about the Professional?

[Flonska]

Spath . . . I am aware of your preference for not just having a link as an answer, and had you asked the question I would have given you this precis:-

In England and Wales, the principle of legal professional privilege grants a protection from disclosing evidence. It is a right that attaches to the client (not to the lawyer) and so may only be waived by the client.

There are two forms of legal professional privilege:

1, Legal advice privilege protects confidential communications between lawyers and their clients for the purposes of giving or obtaining legal advice.

2. Litigation privilege protects confidential communications between lawyers, clients and third parties made for the purposes of litigation, either actual or contemplated.

The client must be sure that what he tells his lawyer in confidence will never be revealed without his consent. This fundamental right is recognised by English Common Law, and European Court of Human Rights, which has held it to be part of the right to privacy guaranteed by Article 8 of the Convention.

Privilege is absolute, in the sense that once it is established, it may not be weighed against any other countervailing public interest factor but may only be overridden expressly by statute.

Hope this helps?

[hc4361]

This is called 'client privilege' and confidentially must be kept unless the client gives express permission for disclosure in most cases.

However, solicitors are obliged by law to pass on certain information to HMRC but I would expect a solicitor to tell me that,
There is also an obligation to pass on information about the client or a third party if he believes it could prevent serious bodily harm.
A solicitor may pass on information about the serious abuse of a child but isn't obliged to.
If a client is publicly funded then the solicitor is obliged to pass on information to the Legal Services Commission.

On the whole, confidentially must be kept except in limited circumstances.

[Flonska]

Your'e welcome, Spath ;-)

[KARL]

Articles of law have turned members of the legal and, I believe, one or two other professions into extensions of the tax authorities, the police, etc. - they are required to report anything they in their assessment believe should be reported or face penalties. Reliable confidentiality is patchy. In the case of a solicitor defending someone, say in a criminal case, there may be a sort of "sanctum" effect because otherwise detailed dialogue between solicitor and accused might be impossible - but I don't know if that is the case.

[Flonska]

Communications between a client and his solicitor which the client instructs his solicitor to repeat to another other party are not privileged and perhaps, as a safeguard, you were asked to confirm this in writing?

[Peter Pedant]

give em hell flawnska
they ask for an answer and then say - "oo dat is a tad long miss!" - 'is the answer yes or no den?'

Flawnska has given chapter and verse on privilege

not eveything is privileged - I am sure there are cases where the lawyers erm took in drugs into prison. clearly not the subject of privilege
also one police station - possibly more was taping the advice room - good photie of a notice - "you may be taped in this room" - and the feds said "yeah anything taped wont be used in court...." that was the advice room where the lawyer and client had discussions
which is nt quite my idea of confidentiality.
Terrorism has special rules ( court appointed advocates as far as I can make out who DO keep the authorities informed)

[Peter Pedant]

//but when i ask'd for confidentiality with a professional, i had to sign a form.//

actually a letter asking the professional to act on your behalf ? - certainly not medicine, confidentiality starts at "Good Morning ..." GMC rather humourlessly let it be known by letter that walk-in doctors talking about the video of Lady Di's death might be treated as breaching confidentiality - but that is professional regulation and not law. You will notice that no walk-in doctor in England could possibly be deemed to have treated Di in France.