How should a barrister handle communications made through a non-client intermediary?

• A. 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.
• B. Share with opposing party.
• C. Disclose everything to the court.
• D. Ignore them.

Answer: (A)

The key idea is preserving confidentiality and privilege when information comes through someone who isn’t the client. If a non-client intermediary passes along information for the purpose of obtaining or giving legal advice, the barrister should treat those communications as confidential and not disclose more than is necessary to provide the legal service. If uncertainty arises about what may be disclosed, the barrister should seek guidance from the client or from the client’s solicitor. This approach protects the client’s interests and upholds the privilege that attaches to communications made for the purposes of obtaining or giving legal advice. Sharing these intermediary communications with the opposing party or with the court would breach confidentiality and privilege, and ignoring them would fail to fulfill professional duties.