I’m Sorry, I Can’t Share That: Practical Guidance on Client Confidentiality
As a lawyer, you’re already familiar with the importance of client confidentiality — it’s one of the cornerstones of our professional obligations. But it’s worth revisiting from time to time, especially when you’re faced with real-world situations where the lines can feel blurry.
Whether it’s a family member asking questions, the Public Guardian and Trustee making a request, or another lawyer looking for details, it’s not always easy to know what you can or can’t say. This guidance is meant to help you think through those moments and feel more confident in your response.
Common Situations We Hear About:
- A client’s adult child asks about their parent’s estate plan
- A friend raises concerns about a Power of Attorney.
- The Public Guardian and Trustee or an Attorney requests information or documents
from a client file. - Law enforcement or another lawyer requests client information.
- An executor asks for details about a deceased client’s will or files.
How to Respond:
- Start with a respectful but clear response — confidentiality doesn’t end when a client loses capacity or passes away.
- Keep it simple and professional — you don’t need to explain your reasoning. In most cases it is enough to say you’re not able to assist.
- If you receive a court order or formal demand, take the time to review the Code of Professional Conduct and relevant case law. If you’re still unsure or something about the request doesn’t sit right, that’s a good time to check in with us.
Example of a Respectful Response: “I’m sorry, but I’m not able to assist with your request for information about this individual.”
A Few Things to Keep in Mind:
- Your duty of confidentiality and privilege continues after a client’s death or incapacity.
- You should not confirm or deny whether someone is or was a client, unless you have proper consent or legal authority.
- Not all requests need a call to the Law Society — many can be handled with a careful review of the Code and your own good judgment.
- But if something feels off, or the request seems too broad or inappropriate, you’re absolutely encouraged to reach out for guidance.
Where to Look: Code of Professional Conduct – Rule 3.3 (Confidentiality)
Want to Talk it Through or Seek Guidance?
If you’ve reviewed the Code and still have questions — or just want to double-check your thinking,
Practice Advisor – Noelia Bernardo:
204-926-2019 | practiceadvisor@lawsociety.mb.ca
Director of Insurance – Tana Christianson:
204-926-2011 | tchristianson@lawsociety.mb.ca
These situations can come up unexpectedly, and it’s not always clear-cut. When in doubt, take a step back, think it through, and know that we’re here if you need to talk it out.
