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Non-Disclosure of information to your own Client

Purpose: To guide all barristers on what steps to take when information cannot or should not be disclosed to the lay client.
Scope of application: All practising barristers
Issued by: The Ethics Committee
First reviewed: 01/01/2015
Last reviewed: 01/09/2020
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.

Agreement by Counsel not to disclose information or documents to the lay client – The Supposed Rule of “Counsel to Counsel” Confidentiality – Documents disclosed to counsel by mistake


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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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