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The protection of confidential information is a fundamental feature of the solicitor-client relationship and a core professional principle. Solicitors also have a duty to disclose to their clients information of which they are aware and which is material to their client’s matter. There are only limited exceptions to the two duties.

The duties of confidentiality and disclosure can come into conflict, eg where you simultaneously owe a duty of confidentiality to client A and duty of disclosure to client B in relation to the same information. The SRA Codes of Conduct provide that you must not act for a client where that client has an interest adverse to the interests of another client for whom you hold confidential information that is material to the matter unless you have:

1. •

   informed client consent to you acting and any measures you have taken to protect the information, or

2. •

   put in place effective measures so there is no real risk of disclosure of the confidential information

If a confidentiality or disclosure issue arises, or there is a risk