What should a barrister do when a representation ends to protect confidentiality?

• A. Return or securely transfer documents, maintain confidentiality of the file, and dispose of notes in a manner consistent with client interests and policy.
• B. Delete all notes immediately.
• C. Archive all documents publicly.
• D. Keep all documents forever.

Answer: (A)

The key idea is that the duty to protect client confidences survives the end of the representation, so how a barrister handles documents and notes must prevent any leakage of confidential information. The best approach is to return or securely transfer documents to the client or their new representative, keep the file confidential, and dispose of notes in a way that respects the client’s interests and the relevant policy. This ensures ongoing protection of confidences and proper file management. Deleting all notes immediately could hinder future accountability or compliance with retention rules; archiving publicly would expose confidential material; and keeping documents forever unnecessarily increases the risk of improper disclosure.