Jurisdiction(s):
United Kingdom

Key definition

Confidentiality definition

What does Confidentiality mean? In legal practice, confidentiality is the obligation to keep a client’s information and affairs private and to use or disclose it only with proper authority. For lawyers, this duty of confidentiality arises from professional conduct rules (e.g., the SRA Standards and Regulations; the Law Society of Scotland Standards of Conduct; the Law Society of Northern Ireland rules; and the Law Society of Ireland guidance), from contract (engagement terms and non‑disclosure agreements), and from the equitable duty of confidence recognised in case law (breach of confidence). It sits alongside, but is distinct from, legal professional privilege, which protects defined categories...

SRA conflicts and confidentiality decision tree: assessing client and own interest conflicts, consent, information barriers and approval to act (England and Wales)

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Precedents

This conflicts and confidentiality decision tree guides you through the conflicts and confidentiality duties in the SRA Standards and Regulations, enabling you to decide whether we may act on a particular matter and what steps you must take to accept instructions. It addresses the SRA’s regulatory obligations relating to confidential information held for current or former clients. It does not consider confidentiality duties owed to non-clients, e.g. under a confidentiality agreement with a third party. For further details on conflicts of interest and confidentiality, please see our Conflicts, confidentiality and disclosure policy. Click below to view or print the full-size pdf version:

Note 1—prohibition on acting in an own interest conflict situation

An own interest conflict arises where a conflict (or a significant risk of one) exists between:

the personal or commercial interests of the firm or a member of our staff;
our duty to act in the best interests of any client in relation to their matter or a related matter.

We must never act where there is an own interest conflict or where there is a significant risk of an own interest conflict in any circumstances at all...

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Web page updated on 22/05/2026

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