This article discusses guidelines & duty of the solicitor in maintaining confidentiality, and the situation when disclosure will not be considered as breach of trust.
The Code of Conduct indicates that the solicitor acting on behalf of the borrower and the lender shall not under any circumstance, disclose the affairs of the clients, unless required or allowed under the law.
If he is informed by the borrower of a possibility of a breach of terms of mortgage (by the borrower), the principles of confidentiality shall precede over the duty of disclosure. But, the solicitor should inform the lender that a conflict of interest has arisen (without giving information on nature of the conflict) and that he can no longer act for the lender.
