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Confidentiality

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Confidentiality

Postby Smouldering Stoat » Tue May 30, 2017 8:50 pm

A writes to numerous Solicitors in an area inquiring whether they have ever acted for B, and if they will give him B's address.

Is there any reason why B cannot be told of this approach? How should the Solicitors respond if B asks if they have received an approach?
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Re: Confidentiality

Postby atticus » Wed May 31, 2017 2:14 pm

A solicitor owes a duty of confidentiality to his client, and to anyone else with whom he has agreed such an obligation.

Applying that principle, the answer to the first question is "no". As to the second, that is a matter for the solicitor. There is no one right answer. Indeed, I guess many solicitors would ignore the question and not bother to answer.
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Re: Confidentiality

Postby dls » Fri Jun 02, 2017 3:31 pm

If neither A nor B are clients the solicitors have no obligation to reply to either. It might be difficult to say 'we have received no letter from x' or even that they have received a letter from a non-client. There would be little virtue in taking the trouble.

If answering would disclose a confidential matter, the answer should be 'We cannot answer questions of this nature'
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