Test a proposed disclosure of client confidential information against the conduct-rule exceptions
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the facts the lawyer has written down, list which rule 9.2 limb is being considered and the fact said to support it. The limbs are express or implied client authority, disclosure permitted or compelled by law, a confidential disclosure solely to obtain advice on the solicitor's legal or ethical obligations, disclosure solely to avoid the probable commission of a serious criminal offence, disclosure to prevent imminent serious physical harm, and disclosure to the professional indemnity insurer. Do not state that an exception is made out.
- What the lawyer must review
- The lawyer decides whether rule 9.1 is engaged and whether an exception applies. Rule 9.1, in the Western Australian text of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, prohibits disclosure of information confidential to a client and acquired during the engagement, except to a partner, principal, director or employee of the practice, or to a barrister or a person engaged by the practice or an associated entity to deliver or administer legal services for that client, unless rule 9.2 permits it. The Victorian Legal Services Board + Commissioner says an exception does not apply to information that is also privileged unless the client waives privilege or a statute abrogates it, and that a wrong disclosure can harm the client, lose privilege, and lead to disciplinary or civil action. The lawyer writes the decision and gets ethical advice before disclosing.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the facts the lawyer has written down, list which rule 9.2 limb is being considered and the fact said to support it. The limbs are express or implied client authority, disclosure permitted or compelled by law, a confidential disclosure solely to obtain advice on the solicitor's legal or ethical obligations, disclosure solely to avoid the probable commission of a serious criminal offence, disclosure to prevent imminent serious physical harm, and disclosure to the professional indemnity insurer. Do not state that an exception is made out. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Match the proposed disclosure to one numbered limb of rule 9.2. Do not rely on a general public-interest gloss.
- If the information is also privileged, stop. An exception to confidentiality does not waive privilege.
- Client authority is recorded before any disclosure that depends on rule 9.2.1. Implied authority is not assumed for a public generative tool or a buyer of the practice.
- The lawyer gets confidential ethical advice before disclosing under the harm or crime limbs, as the Victorian guidance recommends.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA) rule 9 · 2026-10-22
- Victorian Legal Services Board + Commissioner: Confidentiality and its exceptions · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.