legal ethics handbook - Nova Scotia Barristers' Society

Chapter 5 – Confidentiality
Rule
LEGAL ETHICS HANDBOOK
A lawyer has a duty to hold in strict confidence all information concerning the business and affairs of a client
where the information is acquired by the lawyer as a result of the professional relationship with the client except
where disclosure is
(a) expressly or impliedly authorized by the client;
(b) required by law; 1 or
(c) permitted or required by this Handbook.
Guiding Principles
In a lawyer-client relationship
(a) the lawyer cannot render effective professional service to the client unless there is full and unreserved
communication between them; and
(b) the client must feel completely secure and entitled to presume that, unless there is an agreement or
understanding with the lawyer to the contrary, all material disclosed to and matters discussed with the
lawyer will be kept secret and confidential. 2
Commentary
Distinction from evidentiary lawyer-client privilege
5.1 This ethical rule must be distinguished from the evidentiary rule of lawyer-client privilege with respect to oral
or written communications passing between the client and the lawyer. The ethical rule is broader and applies
without regard to the nature or source of the information or to the fact that others may share the knowledge. 3
Non-disclosure of lawyer-client relationship
5.2 As a general rule, a lawyer has a duty not to disclose that he or she has been consulted or retained by a
person unless the nature of the matter requires the lawyer to do so.
Continuing duty of secrecy
5.3 The lawyer owes a duty of secrecy to every client without exception, regardless of whether the client is a
continuing or casual client. This duty survives the professional relationship and continues indefinitely after the
lawyer has ceased to act for the client, whether or not differences have arisen between them. 4
5.4 The fiduciary relationship between lawyer and client forbids the lawyer to use any confidential information
acquired by the lawyer as a result of the professional relationship for the benefit of the lawyer or a third person, or
to the disadvantage of the client. 5
5.5 The lawyer who engages in literary works such as an autobiography, memoirs and the like has a duty not to
disclose confidential information in any such work.
5.6 Except as permitted by this Handbook, a lawyer has a duty
(a) not to disclose to one client confidential information concerning or received from another client; and
(b) to decline employment that might require such disclosure. 6
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