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Thorne and Thorne Barristers and Solicitors  

 






Chapter 7 of the Rule of the Code of Conduct
of the Law Society of Alberta



Statement of Principle

A lawyer has a duty to keep confidential all information concerning a client's business, interests and affairs acquired in the course of the professional relationship.

RULES

1. A lawyer must not disclose any confidential information regardless of its source and whether or not it is a matter of public record.
2. A lawyer must not disclose the identity of a client nor the fact of the lawyer's representation.
3. A lawyer must preserve and keep confidential property of a client under the lawyer's control.
4. A lawyer must take reasonable steps to ensure the maintenance of confidentiality by all persons engaged or employed by the lawyer.
5. A lawyer must continue to hold a client's information in confidence despite conclusion of the matter or termination of the lawyer/client relationship.
6 A lawyer who possesses confidential information of a client or former client:
  (a) must not use such information for the lawyer's personal benefit nor the benefit of a firm member or a related person or affiliated entity of the lawyer; and
  (b) must not act or continue to act for another client if the lawyer would have a duty to disclose such information to that client.
7. When, in other provisions of this Code, an ethical obligation of lawyers is stated to be subject to confidentiality:
  (a) confidential information of a client must not be disclosed to any party without the client's consent;
  (b) a lawyer must seek the client's consent to disclosure of confidential information to the extent necessary to permit the lawyer to fulfill the ethical obligation; and
  (c) in the event that consent is withheld, the lawyer must withdraw.
8. The foregoing rules of this chapter are subject to the following:
  (a) A lawyer must disclose confidential information to the Law Society when required to do so by the Law Society;
  (b) A lawyer must disclose confidential information when required to do so by law;
  (c) A lawyer must disclose confidential information when necessary to prevent a crime likely to result in death or bodily harm, and may disclose confidential information when necessary to prevent any other crime;
  (d) When acting for more than one party in the same matter, a lawyer must disclose to all such parties any material confidential information acquired by the lawyer in the course of the representation and relating to the matter in question;
  (e) A lawyer may use or disclose confidential information of a client when expressly or impliedly authorized by the client;
  (e.1) A lawyer may disclose confidential information to another lawyer to secure legal or ethical advice about the lawyer’s proposed conduct;
  (f) A lawyer may disclose confidential information when reasonably necessary for the lawyer to properly prosecute an action or defend a claim or allegation in a dispute with a client.
9. When confidential information is disclosed by a lawyer pursuant to Rule #8, the lawyer must disclose the minimum information required to give effect to Rule #8 and no more.

 

 
Thorne and Thorne
Barristers & Solicitors
legal@thorneandthorne.ca