Tell A Solicitor Something In Confidence?

[Jennykenny]

If you tell a solicitor something, which might be illegal (not massively serious - tax evasion), are they bound by law to report it? Would the situation be different in Scotland?

[Mamyalynne]

There may be something of help here.

http://www.sra.org.uk/content_codeconduct.aspx?id=1548

[retrocop]

Solicitors will go to a court of law to defend their clients knowing they are guilty as hell and I'm not referring to loopholes. Money talks but it also buys confidentiality.

[Mamyalynne]

...or here

https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/section-b/rule-b1/guidance/b1-6-confidentiality-generally/

[Jennykenny]

Thank you. Very helpful.

[Peter Pedant]

thank you thank you MamaL
the scots one has a few cases I may settle down and read
really really good
(compared to some of the really Craaaaaay-zee threads on offer today)

If it MIGHT be illegal then the general answer is no
(the law offices are not the first stop to the nick)

you see tax evasion - might be illegal or it might be tax avoidance. And the lawyer may well be assisting ( for moolah ) to make a voluntary declaration to the txman.

accountants who also do tax
have different rules and in this case
if the client doesnt agree to make a declaration then the answer is almost certainly yes ( actually to the MLRO or equiv )

[KARL]

My understanding is that lawyers risk a penalty if they do not report something they have reason to think is against the law (i.e. could reasonably be seen as a breech), because there is a law sort of co-opting them into law enforcement by intimidation. Claiming client confidentiality will not wash, I believe.

[Peter Pedant]

// stated "The public policy consideration which underlies the fraud exception may be capable of extension to a situation in which a party and his solicitor, not themselves either guilty of fraud or involved in carrying out a fraudulent transaction, etc etc //

fraud exception - not parking fines and so on ... cat killing etc -

(oh god and terrorism of course)