With reference to Sokol, Dr Wilmhurst says "that for a lawyer there is no exception to absolute client confidentiality, even when speaking out might prevent immeasurable public harm from criminal acts".However, Bar Standards Board's Code of Conduct applicable to practising barristers, at para.302 confirm [1]," A barrister has an overriding duty to the Court to act with independence in the interests of justice: he must assist the Court in the administration of justice and must not deceive or knowingly or recklessly mislead the Court";this suggests,absolute client confidentiality can/should be waived in order ensure that the Court is not misled or deceived.
Further,with regard to disclosure compelled by law,based on the dictum of Lord Denning in relation to solicitors(Parry-Jones v Law Society[1969] 1 Ch 1
), among other things,it is asserted that "Requirements are never blanket decrees for the revelation of confidential information. Rather they are based on upholding the public interest, where such interests override client interests in maintaining confidentiality"[2].
The above, therefore suggests that just as doctors,barristers are obliged to disclose confidential information when the public interest requirements outweigh the duty of confidentiality to one's client.
Rapid Response:
Re:Re: Ethics and lawyers: what's the connection?
With reference to Sokol, Dr Wilmhurst says "that for a lawyer there is no exception to absolute client confidentiality, even when speaking out might prevent immeasurable public harm from criminal acts".However, Bar Standards Board's Code of Conduct applicable to practising barristers, at para.302 confirm [1]," A barrister has an overriding duty to the Court to act with independence in the interests of justice: he must assist the Court in the administration of justice and must not deceive or knowingly or recklessly mislead the Court";this suggests,absolute client confidentiality can/should be waived in order ensure that the Court is not misled or deceived.
Further,with regard to disclosure compelled by law,based on the dictum of Lord Denning in relation to solicitors(Parry-Jones v Law Society[1969] 1 Ch 1
), among other things,it is asserted that "Requirements are never blanket decrees for the revelation of confidential information. Rather they are based on upholding the public interest, where such interests override client interests in maintaining confidentiality"[2].
The above, therefore suggests that just as doctors,barristers are obliged to disclose confidential information when the public interest requirements outweigh the duty of confidentiality to one's client.
References
[1]http://www.barstandardsboard.org.uk/standardsandguidance/codeofconduct/s...
[2]http://en.wikipedia.org/wiki/Duty_of_confidentiality
Competing interests: No competing interests