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Confidentiality duty when previous instructing solicitors are sued

Purpose: To advise barristers in relation to their duty of confidentiality to their lay client when the previous instructing solicitors are sued
Scope of application: All practising barristers
Issued by: The Ethics Committee
First reviewed: 01/01/2014
Last reviewed: 11/01/2019
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

Duty to lay client – Implied waiver of confidentiality and privilege – Providing a witness statement


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Important Notice

This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here.

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