Rule 19 Rules of Professional Conduct for Legal Practitioners
Rule 19 of the Rules of Professional Conduct for Legal Practitioners (RPC) 2023 is about Privilege and confidence of a client. It is under Part II (Relation with Clients) of Chapter 1 (Conduct) of the Rules. It provides as follows:
(1) Except as provided under paragraph (3) of this rule—
(a) all oral or written communications made by a client to his lawyer in the normal course of professional employment are privileged ; and
(b) a lawyer shall not knowingly —
(i) reveal a confidence or secret of his client,
(ii) use a confidence or secret of his client to the disadvantage of the client, or
(iii) use a confidence or secret of his client to the advantage of himself or of a third person unless the client consents after full disclosure.
(2) A lawyer may reveal —
(a) a confidence or secret with the consent of the client or clients affected, after full disclosure to the client ;
(b) confidence or secret when permitted under these rules or required by law or a court order ;
(c) confidence or secret necessary to establish or collect his fee or to defend himself or his employees or associates against an accusation of wrongful conduct ; and
(d) the intention of his client to commit a crime and the information necessary to prevent the crime.
(3) A lawyer shall exercise reasonable care to prevent his employees, associates, and others whose services are utilized by him from disclosing or using confidences or secrets of a client, but a lawyer may reveal the information allowed under paragraph (2) of this rule through an employee.
(4) A lawyer shall—
(a) not in any way communicate on the subject of controversy or negotiate or compromise the matter with the other party who is represented by a lawyer ; and
(b) deal only with ihe lawyer of the other party in respect of the matter.
(5) A lawyer shall avoid anything that may tend to mislead an opposing party who is not represented by a lawyer and shall not undertake to advise him as to the law.
