LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Breach of Lawyers' Ethical Obligations?

Discussion in 'Other/General Law Forum' started by Lance Anderson, 22 August 2014.

  1. Lance Anderson

    Joined:
    22 August 2014
    Messages:
    3
    Likes Received:
    1
    Is it against the code of ethics for one lawyer to give unrelated information to another lawyer seeking information on a certain matter
     
  2. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi Lance,
    Are you able to provide some further information on the situation/context? This may include:
    1. Was the information private or considered confidential?
    2. What was the relationship between both lawyers (and I assume a third-party that is concerned in relation to legal ethics)?
     
  3. Lance Anderson

    Joined:
    22 August 2014
    Messages:
    3
    Likes Received:
    1
    Hi John
    1. I believe information should have been private and confidential.
    2. Lawyer one representing one party on a certain matter was given information from lawyer two representing second party in which lawyer one is not dealing with or is not expected to be dealing with.
     
  4. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi Lance,
    I'm unable to access the current WA Professional Conduct Rules for Solicitors (that said, you can review a copy of the 2008 version hosted by the Law Institute of Victoria). In summary:
    1. Section 6 deals with a lawyer's duty of confidentiality and specifically, Rule 6.3 deals with when and how a lawyer can disclose confidential information;
    2. If you believe that the information was confidential, you may want to first contact the lawyer/s to understand why they disclosed the confidential information; and
    3. If you are dissatisfied with their response, you may consider contacting the WA Legal Professional Complaints Committee (LPCC).
    Hope this helps. Please keep us updated with your progress.
     
  5. Lance Anderson

    Joined:
    22 August 2014
    Messages:
    3
    Likes Received:
    1
    Thanks John it does help I will pass info on
     
    John R likes this.

Share This Page

Loading...