Solicitor/client confidentiality and legal professional privilege are two of the fundamental foundations of the administration of justice and the protection of the rule of law. Clients must be able to disclose information freely and candidly to their solicitor, without fear that it will be revealed without their consent.

The terms are often used interchangeably. However, as the Law Society’s Guide to Good Professional Conduct for Solicitors advises, “there is a distinction between the law of legal professional privilege and the professional duty to keep clients’ affairs confidential”.

Legal professional privilege is a right conferred by law to protect communications containing legal advice between a solicitor and their client from being disclosed to any other parties. Conversely, the obligation of solicitor/client confidentiality is not a legal right. It stems from the relationship between a solicitor and their client, which gives rise to a professional duty for the solicitor.

Michelle Lynch, a policy development executive with the Law Society, explains the distinction between the two concepts, and what they mean in practice, in the October Gazette.

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