FAQ
Important: The FAQs below were written and published before the introduction of the SRA Handbook on 6 October 2011, and may refer to regulatory material that is no longer in effect. Although they may still be relevant, these FAQs have not yet been reviewed in light of the wide-ranging regulatory changes implemented on 6 October. They will be reviewed and updated (or archived) in due course.
My client has become bankrupt and the trustee in bankruptcy wants the client's files. Can I disclose them without the client's consent?
Yes, if there is a statutory power that overrides confidentiality and, where applicable, privilege (see rule 4.01 of the Code and guidance note 7 which deals with insolvency).
If you are in any doubt, ask the person or authority seeking disclosure to indicate the statutory provision they are relying on and consider the relevant provisions. Where a statutory power overrides confidentiality, you should ensure that any disclosure you make is strictly limited to what is required by the law.