---
title: "Test a proposed disclosure of client confidential information against the conduct-rule exceptions"
url: "https://ailawframework.com/obligations/confidentiality-and-client-information/test-a-proposed-disclosure-of-client-confidential-information-against-th"
type: "task"
site: "AI Law Framework"
id: "A51-MA20261022-5"
practice_area: "Confidentiality & client information"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Test a proposed disclosure of client confidential information against the conduct-rule exceptions

> From the facts the lawyer has written down, list which rule 9.2 limb is being considered and the fact said to support it.…

Canonical page: https://ailawframework.com/obligations/confidentiality-and-client-information/test-a-proposed-disclosure-of-client-confidential-information-against-th  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Confidentiality & client information](https://ailawframework.com/obligations/confidentiality-and-client-information.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Match the proposed disclosure to one numbered limb of rule 9.2. Do not rely on a general public-interest gloss.
2. If the information is also privileged, stop. An exception to confidentiality does not waive privilege.
3. 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.
4. The lawyer gets confidential ethical advice before disclosing under the harm or crime limbs, as the Victorian guidance recommends.

## Notes

- 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.

## Sources

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA) rule 9](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_reg/lpulascr2015658/s9.html) (checked 2026-10-22)
- [Victorian Legal Services Board + Commissioner: Confidentiality and its exceptions](https://lsbc.vic.gov.au/lawyers/practising-law/professional-obligations/confidentiality-and-its-exceptions) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/confidentiality-and-client-information/test-a-proposed-disclosure-of-client-confidential-information-against-th/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*