LEGAL ETHICS- CPEA022

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 Negligence; Confidentiality & Conflict of Interest
• Prescribed Material-
• Lewis and Kyrous’s Handy Hints on Legal Practice 2nd Edition M
Hoffmann. 2011. LexisNexis

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 Negligence; confidentiality & conflict of interest

• There is a duty to maintain confidentiality of matters which are

discussed during the course of your retainer.
• This is to ensure a degree of trust so that the client is able to approach
the legal practitioner knowing that confidential information can be
shared.
• See page 43- Robinson v Van Hulsteyn & Ford.
• The duty of confidence of the client is absolute and must be preserved
except to the extent that disclosure may be rendered necessary or
permissible.

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 Negligence; confidentiality & conflict of interest

• .Exceptions to the duty of confidence- See page 47.

• Valid search warrant
• Misleading the court.
• Client consent
• Public knowledge
• Practitioner- client litigation
• Recognised public interest

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 Negligence; confidentiality & conflict of interest
• Legal professional privilege- “ privileged from disclosure” –
page 49.
• Requirements of privilege- the information must be obtained for
the purpose of obtaining professional legal advice and it must be
obtained for the purpose of obtaining that advice with reference to
actually pending or contemplated litigation.
• When does privilege arise? (page 50).
• Waiver of privilege
• Who owns the privilege

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 Negligence; confidentiality & conflict of interest
• https://www.derebus.org.za/the-legal-basis-of-a-legal-
practitioners-liability-for-negligence-in-execution-of-
mandate/

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