A client tells his solicitor that he plans to use the money from the proceeds of a sale to fund terrorism. What is the solicitor's likely position on confidentiality?
Answer and explanation
Correct answer: B. The communication is unprotected if made in furtherance of crime, and the solicitor may have statutory reporting duties
- Step 1: Privilege does not attach to communications in furtherance of a criminal purpose (the iniquity exception).
- Step 2: Terrorism legislation and the Proceeds of Crime Act may impose disclosure duties.
Answer
The communication is unprotected if made in furtherance of crime, and the solicitor may have statutory reporting duties.
Why not the others: Privilege does not cover crime; silence may be an offence; other clients have no entitlement.
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