FAQ 36

Q36. I have been instructed in a case in which substantial amounts of material have been disclosed. I am now instructed in a matter against the same defendants in which some of the material disclosed is likely to assist my new clients. Should I accept the second instructions? Would it make any difference if I did not disclose the information to the new clients?

A36. The Code prohibits you from accepting instructions where you have information which is confidential to a former client and which would give an advantage to a new client without the former client’s consent. It is also obviously improper to reveal information which is privileged, whoever it belongs to.

If you did accept the instructions from the new clients, then you would be accepting a duty to act in their best interests. It is hard to see how you could comply with that duty without revealing such information and so be in breach of other duties.

Unless you are satisfied that you have the client’s permission and that none of the material is covered by privilege or any other protection then you should not accept the new instructions.