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Legal matters

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How confidential is client confidentiality for a solicitor

7 replies

sneezecakesmum · 02/12/2011 20:07

Would a solicitor feel duty bound to report a benefit fraud perpetrated by someone known to their client, but when their client was not directly involved?

Can't disclose any juicy details, sorry Xmas Grin

OP posts:
mumblechum1 · 03/12/2011 15:17

No.

sneezecakesmum · 03/12/2011 18:50

Thank you.

OP posts:
Sassee · 03/12/2011 20:36

It's a long time since I've had to have any money laundering training but when the new-ish laws were introduced I was told that we had to report anything like that to NCIS and then couldn't work on the file until they gave us the go ahead. Like I said though, that was a long time ago and the firm I was with was probably over zealous!

That said, my client dept has no hesitation in writing to child benefit etc to tell them when people shouldn't be claiming. That's not their solicitor though, who I suspect would give them the advice to cover their own back and then not ask again!

mumblechum1 · 03/12/2011 23:48

Sassee, that's right when it's your client, but the OP doesn't seem to indicate that it is.

So say you're acting for Mrs A in her divorce, and she mentions that her sister in law is fiddling her taxes, you don't have an obligation to report, but if she says her husband is doing so, you do, because if she is getting a lump sum from her husband which is more than it should be because he's not paid tax for the last 10 years, it's reportable, but her snitching on someone completely unrelated to the case isn't.

That's my understanding anyway. We all got a bit over zealous when the rules came in at the threat of solicitors going to jail for not reporting, but the rules have been loosened a bit since then.

sneezecakesmum · 05/12/2011 21:21

Thats right. Not the client, although the client is making the allegation and is prepared to prove the allegation (as its true!).

OP posts:
mumblechum1 · 06/12/2011 12:19

But why is the client reporting it to the solicitor if it's nothing to do with her case?

sneezecakesmum · 06/12/2011 17:52

PMd as bit sensitive re information.

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