Client Confidentiality Policy

Introduction

This policy has been introduced to assist members of Chambers to comply with their core professional duty to keep the affairs of each client confidential (Core Duty 6 of the BSB Handbook) which requires Chambers and its members to take reasonable steps to ensure that proper arrangements are in place for the management of conflicts of interest and for ensuring the confidentiality of clients’ affairs.

Guidelines

Consideration has been given to the following areas where a breach could occur:

Informing Solicitors 

At the outset of litigation there may be a time when opposing parties will not want the fact that they have taken legal advice to be made known. We respect this confidentiality.

In these circumstances each barrister must ensure that his / her clerk is aware of the fact and must inform their clerk when the position changes.

In any event, and as soon as practicable, both barristers should be told of each other's involvement.

Once both barristers have been informed, both sets of solicitors will be informed of Chambers practise in such circumstances.

Clerking

We provide separate clerking where members appear against each other in cases and solicitors will be informed so that they can deal with the relevant clerk. This is known as Information Barriers.

A note will be added to the case on the Chambers computer system to ensure that clerks / administrative clerks are aware which clerk has been appointed to deal with each party. This will appear as a memo which automatically pops up when the case is accessed. From the time a conflict is known, the appointed clerk(s) shall deal with all communications from that party. Where the appointed clerk is absent through holidays or sickness then an alternative clerk will be appointed to deal with matters.

Papers

Great care is taken to ensure papers are kept confidential to the barrister working on the case. A conflict check is carried out when the papers are received in Chambers so that separate clerking can be arranged as soon as possible.

Where particularly sensitive documents are to be delivered, the appointed clerk will make arrangements with solicitors to ensure security.  We ensure secure disposal of documents by security vetted waste disposal contractors. We also shred confidential documents if it is thought appropriate so to do.

Diaries

We maintain secure electronic diaries.

Individual diaries are not available for inspection by other barristers.

Telephone Calls

If a clerk deems it necessary, in order to maintain confidentiality, when having a particular conversation with Instructing Solicitor or Counsel, they may ask the other clerk to leave the room until that conversation has taken place or take the call in another room.

Printing of documents

In cases where a conflict occurs, Barristers who use the printers in the clerks room should inform the administrative clerks if they are printing to these printers so that the documents can be removed from the printer and given to Counsel.

E-mails

All barristers have their own e-mail addresses.

Barristers' Rooms

If members share a room with Counsel on the opposite side of a case then they are responsible for ensuring that all papers and any computer records pertaining to that case are kept either at home or in a separate store room. Laptops and electronic diaries should be password protected and not used in presence of Counsel on the opposing side.

Updated 7/3/2024