FAQ 33

Q33. I have represented a client in a matter. He is now taking the matter further as a litigant-in-person and has asked to see my notebooks, citing the provisions of the Data Protection Act. Am I required to let him see them?

A33. The PCC has considered this matter recently and has taken the view that Counsel should provide a client with copies of any notes taken as part of the conduct of the hearing. This would cover the notes taken in court of the proceedings and any notes of the judge’s ruling or comments. The PCC was of the view that Counsel is not obliged by the Code to provide copies of his or her preparation for the case including any notes made that were other than a record of the proceedings.

We cannot advise on the provisions of the Data Protection Act 1998 (“DPA”) in relation to the request for disclosure of the notes in Counsel’s notebook. Counsel will have to take a view on those provisions himself. It may well be arguable that the information therein does not satisfy the definition of data in section 1 of the DPA.