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Ethics - confidentiality and disclosure

NZ $25.00
Jenny Beck Duncan Webb
Jenny Beck
Jenny Beck Law
Duncan Webb
Lane Neave

This book is only available in PDF format

Published: 23 September 2013
Pages: 22


Clients need to know that their lawyer will keep in confidence the fact of their engagement, all information received under the retainer and details of any steps taken. Clients also need to have control over proceedings and know that their instructions will be carried out, that they will be consulted every step of the way and that their lawyer will disclose to them any relevant information that comes to hand.
In this paper we discuss Rules 7 and 8 of the Conduct and Client Care Rules 2008 as they relate to the basic aspects of the lawyer-client relationship discussed above. Both these Rules place significant professional duties on lawyers. However they are not absolute and we deal with exception to the Rules and situations where tensions might arise between these Rules and other professional or legal duties binding lawyers.
The Rules are there for guidance and positive direction. We hope to assist lawyers to see them as constructive and helpful rather than burdensome.
Reading the Rules is a little like reading Proverbs in the Bible: every time you do it you make surprising and gratifying discoveries. Hopefully you will uncover some useful nuggets here to inform your legal practice.

Content outline

  • Rule 7
    • (A) The Retainer
    • (B) Responsiveness
    • (C) Disclosure of Information
    • (D) Termination of The Retainer
  • The Duty of Confidence
    • (A) The Rules
    • (B) Information Barriers
    • (C) Permitted Disclosure
    • (D) Required Disclosure
    • (E) Confidence in Practice


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