Confidentiality and Legal Privilege: Protecting Your Private Information

When you are under criminal investigation, you may need to share deeply private information with your solicitor. Knowing what will stay legally privileged and confidential and when those protections have limits is very important. 

In this article, the team at Holborn Adams will instruct you on how to protect your personal information whenever you seek legal advice.

How Private Are Conversations with Your Solicitor?

If you are facing a criminal investigation, your defence team may need to know about personal messages, finances, medical matters, work, or relationships. 

Such personal data can be key to advising you properly. But it does raise an important question: who else can find out?

When it comes to solicitor client relationships, two protections may apply: client confidentiality and legal professional privilege. While they are related, they are not the same thing. 

Understanding the difference can help you share information safely and avoid actions that could compromise its protection.

What is Client Confidentiality?

Client confidentiality is a solicitor's duty to keep information about you and your case private. This can cover conversations, documents, and other information received while they act on your behalf.

This duty matters because it allows you to speak openly with your solicitor. Hiding important facts because they are embarrassing or sensitive can make it harder for your legal team to advise you.

However, confidentiality has legal and professional limits. For example, a solicitor may have to share information in certain cases involving money laundering or for the prevention of serious harm.

What is Legal Professional Privilege?

Legal professional privilege can protect certain confidential communications from being disclosed.

There are two main types that may be relevant:

• Legal advice privilege can protect certain confidential communications between a lawyer and client. This assumes they are made for the purpose of giving or receiving legal advice.
• Litigation privilege can protect certain communications among lawyers, clients, and other people. It applies when legal proceedings are either underway or expected. 

Before you seek legal advice, you need to understand that not everything you tell or send to a solicitor is automatically privileged. The communication must meet the legal rules. Simply writing “legally privileged” on a document or email does not make it so.

Confidentiality vs Legal Privilege: What is the Difference?

The main difference between confidentiality and legal privilege is what each protection does.

Confidentiality applies to your solicitor's duty to protect information about you and your case. Legal privilege is intended to give certain communications stronger protection against disclosure.

This means information can be confidential, but not legally privileged. Your solicitor may have a duty to keep it private, but it may not have the extra legal protection that privilege provides.

Why Confidentiality Matters During a Criminal Investigation

A criminal defence solicitor needs to understand every aspect of your case, no matter how difficult or embarrassing. 

If you show messages, photographs, financial records, medical information, or other sensitive material to your solicitor, know that they will not automatically give it to the police.

Your legal team will first consider what the information means and how it affects your defence. This can be especially important before the CPS issues charges.  

The more your solicitor knows at the pre-charge stage, the better prepared they can be for issues that may come up later in the investigation.

When Can Confidentiality or Privilege Be Lost or Limited?

Neither confidentiality nor legal privilege means that everything will always remain secret.

Solicitors have a duty to maintain confidentiality. But in some situations, the law and professional rules may require or permit disclosure.

Privilege also has limits. For example, it cannot protect communications made to further crime or fraud.

You can also risk losing protections if you share privileged advice with other people. This is called “waiving privilege.” 

For example, forwarding legal advice to a friend, colleague, or employer could affect whether it remains protected. That’s why you should always ask your solicitor before sharing anything they provide you.

Privacy, Reputation, and High-Profile Criminal Investigations

Privacy can be especially important for business leaders, professionals, athletes, celebrities, and other high-profile people.

In such cases, allegations can threaten more than your legal position. Private messages, financial information, or personal relationships could cause serious damage if they become public, even if the investigation later ends without charge.

Legal and reputation strategies may therefore need to work together. For instance, a PR firm may wish to make a statement that will later create problems for the criminal case. 

Keeping sensitive information under careful control can help reduce unnecessary risks.

Protecting Your Information With Holborn Adams

Open communication with your solicitor is an important part of a strong defence.

At Holborn Adams, we aim to maintain the highest levels of confidentiality and discretion when handling sensitive client information. Our team carefully reviews all information, assesses its impact on your case, and advises whether it should be used or shared.

We understand that a criminal investigation can put both your legal position and your privacy at risk. Our focus is on protecting both while giving you the confidence to speak openly with your legal team.

Frequently Asked Questions

What is client confidentiality?

Client confidentiality is a solicitor's duty to protect information about you and your case. It can cover conversations, documents, and other information received while acting on your behalf. However, there are some situations where the law or professional rules may allow or require disclosure.

What is legal professional privilege?

Legal professional privilege protects certain confidential legal communications from disclosure. It can apply to qualifying communications used to give or receive legal advice. Another form of privilege can cover certain material connected with existing or expected legal proceedings. Not every communication with a solicitor will qualify.

Why is confidentiality important?

Confidentiality allows you to speak openly with your solicitor about your case. Your solicitor needs the full picture, including facts that may be private, embarrassing, or difficult to discuss. This helps them give accurate advice, identify risks, and build the strongest possible defence strategy.

How does legal privilege work during a criminal investigation?

Legal privilege can protect certain communications between you and your solicitor during an investigation. This allows your solicitor to review sensitive information and advise you before decisions are made about your defence. However, the communication must meet the legal requirements for privilege to apply.

How do solicitors protect confidential client information?

Solicitors have professional duties to protect confidential client information. These duties can cover conversations, documents, and other information they receive while representing you. Law firms should also protect sensitive records and communications. However, there are limited situations where disclosure may be allowed or required.

What should I do if there is a breach of confidentiality?

If you believe there has been a breach of confidentiality, you should obtain legal advice as soon as possible. A solicitor can assess if private and confidential information was shared, who received it, and what steps may be available to protect your position.

Can legally privileged information ever be disclosed?

Yes. You can choose to disclose privileged information, although this may affect its protection. Privilege also has legal limits. For example, it does not protect communications made to further crime or fraud. Speak to your solicitor before disclosing information that may be privileged.

Can I lose legal privilege by sharing my solicitor's advice with someone else?

Yes. Sharing privileged legal advice with another person can sometimes affect its protection. This is known as waiver of privilege. Be careful before forwarding legal emails, sharing advice with others, or posting extracts online. Ask your solicitor before sharing privileged material.

Should I tell my solicitor everything about a criminal allegation?

You should normally tell your solicitor everything that may be relevant to the allegation. This includes facts that seem embarrassing or unhelpful. Your solicitor needs to understand the full picture to give you proper advice and build an effective defence strategy.

Should I share legal advice with my employer, family, or PR advisers?

Speak to your solicitor before sharing legal advice with anyone else. Giving privileged information to an employer, family member, or PR adviser could affect its protection. If another adviser needs information, your solicitor can help decide the safest way to share what is necessary.