Queensland Bar Ethics Practice Exam

Which statement about handling communications via a non-client intermediary is recommended?

Treat them as confidential if they relate to the legal matter; do not disclose more than necessary; seek guidance from the client or solicitor as appropriate. Share them with the opposing party if they are relevant. Disclose to the court when convenient. Ignore the intermediary's input.

Correct Answer:

Treat them as confidential if they relate to the legal matter; do not disclose more than necessary; seek guidance from the client or solicitor as appropriate.

Explanation:

Communications through a non-client intermediary should be treated as confidential just like direct communications with the client. The intermediary’s role is to assist in delivering legal services, not to become a recipient of the information beyond what is necessary for them to do their job. Therefore, you should share only what is necessary for the intermediary to perform their function, and you should seek guidance from the client or solicitor about what can be disclosed and to whom. Sharing information with the opposing party or disclosing to the court absent a proper basis would undermine confidentiality and potentially prejudice the client. Ignoring the intermediary’s input would miss an essential step in handling the matter efficiently and responsibly.

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