Q&As

If an email is sent to you in error by an opposing party’s solicitor, what obligations does one have to notify the client of its contents? If there is no duty to disclose the contents to the client, is there a duty to let them know that the email has been received but deleted?

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Published by a ³ÉÈËÓ°Òô Practice Compliance expert
Published on: 21 August 2023
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SRA standards and regulations

An individual acting for a client on a matter must make the client aware of all information material to the matter of which the individual has knowledge, unless certain exceptions apply.

There are four exceptions to the duty of disclosure:

  1. •

    the disclosure of the information is prohibited by legal restrictions imposed in the interests of national security or the prevention of crime, eg under the Official Secrets Act 1989, or the tipping off provisions under the Proceeds of Crime Act 2002—see Practice Note: Tipping-off and prejudicing an investigation—core details for law firms

  2. •

    the client gives informed consent, given or evidenced in writing, to the information not being disclosed

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