Learning Outcomes
After studying this article, you will understand how to prepare for and conduct client interviews securely, maintaining confidentiality, handling sensitive information appropriately, and identifying and managing potential conflicts of interest. You will be able to explain the relevance of professional ethics, client care, and the practical steps necessary to meet SQE2 assessment standards for legal interviewing.
SQE2 Syllabus
For SQE2, you are required to understand the legal and practical considerations for preparing and conducting interviews, particularly:
- the importance and limits of client confidentiality and legal professional privilege
- managing and responding to sensitive information and disclosures during interviews
- identifying and addressing conflicts of interest arising in the course of the interview
- ensuring effective, ethically compliant communication with clients
- applying professional conduct rules relevant to interviews
- recording and storing sensitive information appropriately
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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What is the difference between client confidentiality and legal professional privilege in the context of a client interview?
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Which situations require a solicitor to withhold confidentiality and make a disclosure without the client's consent?
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Briefly explain one way to manage a conflict of interest that arises during a client interview.
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True or false? You can always promise absolute confidentiality for everything discussed in an interview.
Introduction
Interviewing is a core solicitor skill. During interviews, you may learn highly sensitive facts, some of which could affect the entire matter or lead to new ethical duties. In addition to gathering legal and factual information, you must actively safeguard the client's confidential information and swiftly detect any risk of conflicts of interest. Failure to do so may breach professional rules and harm both client interests and your own reputation.
Confidentiality: Obligation and Limitations
You owe an automatic duty of confidentiality to every client. This means that information acquired in the course of professional work must not be disclosed without your client's consent. However, this is not an absolute rule. There are prescribed exceptions.
Key Term: client confidentiality
The duty to keep all client affairs private, prohibiting disclosure to any third party without informed client consent, except in limited circumstances.Key Term: legal professional privilege
A legal right protecting communications between a client and their lawyer from disclosure to third parties—including courts—subject to narrow statutory exceptions.
Importance of Handling Sensitive Information
Interviewees often reveal facts that are personal, distressing, or potentially harmful if misused. You must listen objectively, without judgement, and create a secure environment that encourages candour. However, not all information can be guaranteed total secrecy. You need to be clear with clients about the limits of your confidentiality at the outset, especially regarding exceptional circumstances such as statutory reporting or crime prevention duties.
Situations in Which Disclosure May Become Mandatory
Generally, the duty of confidentiality overrides most other obligations. However, disclosure without consent may be required where:
- You are compelled by law or a court order (e.g. anti-money laundering legislation or terrorism reporting)
- Non-disclosure could facilitate or conceal a crime or fraud, and statutory rules override privilege
- There is a risk of serious harm to others, if mandated by law
If such a situation arises, you must explain the circumstances to the client as soon as possible (unless prohibited), and seek supervisory advice.
Worked Example 1.1
You interview a client about a property transaction, and during the meeting she admits she has used some of the funds for laundering criminal proceeds.
Answer:
Client confidentiality does not override the duty to make a disclosure under the Proceeds of Crime Act 2002. You must report a suspicion of money laundering via your firm’s nominated officer, even without client consent. Legal professional privilege may protect some advice, but not if you have knowledge or suspicion of money laundering.
Initial Disclosure: Explaining Confidentiality and Its Limits
Set expectations at the start of every interview. Inform the client of your duty to maintain confidentiality, but also of the rare, lawful circumstances when disclosure may become compulsory. This transparency builds trust while protecting you from later complaints.
Recording and Maintaining Sensitive Information
Accurate, contemporaneous notes are essential, particularly for sensitive or potentially disputed interviews. Only essential information should be recorded. It must be stored securely—whether as digital files or physical notes—consistent with your firm’s data protection policies.
Managing Disclosures of Sensitive or Distressing Facts
Clients may be reluctant to discuss matters that cause shame, distress, or fear of legal repercussions. Respond with calm professionalism. Avoid expressing judgement or suggestion. Where the information is relevant, you must gather enough detail to provide legal advice, but you should explain why such questioning is necessary and emphasise your duty of confidentiality.
Worked Example 1.2
A client reveals in confidence during an interview that she has previously lied under oath in related proceedings.
Answer:
Client confidentiality still applies and you cannot disclose without consent. However, you cannot allow the client to perpetuate a fraud upon the court. If she intends to give further false evidence or asks you to mislead the court, you must not assist and may need to cease acting if she refuses to accept this.
Recognising and Handling Conflicts of Interest
A conflict of interest may arise if you or your firm owes competing duties, for example, owing duties to two clients whose interests differ, or where your own interests conflict with your duty to a client.
Key Term: conflict of interest
Any situation where the solicitor’s duty to act in the client’s best interest competes with another client’s or their own interests, risking compromised independent advice.
Solicitors must not act where there is an actual or significant risk of conflict between clients, except in limited circumstances prescribed by professional rules (such as joint instructions with informed consent for non-contentious matters). You must always screen for conflicts both at the interview and as the matter progresses.
Key Term: informed consent
The client’s freely given agreement for a solicitor to proceed, having been fully advised of the risks and implications of a proposed course of action, particularly in conflict situations.
Exam Warning
Explaining the scope and limits of your confidentiality duty is critical. Promising 'absolute secrecy' is misleading and may be professionally negligent if an exception arises. Make sure your standard script reflects the statutory and ethical limits.
Steps to Take if a Conflict Emerges Mid-Interview
If a client’s disclosures put you in actual or potential conflict:
- Stop the interview immediately.
- Explain that the new facts may create a conflict.
- Inform the client you must consult your firm's COLP or professional ethics advisor.
- Do not continue to advise until the conflict check is reviewed and an ethical path is confirmed.
Inaction or continuing may invalidate advice or even cause disciplinary consequences.
Worked Example 1.3
Midway through an interview, you realise the facts disclosed by your client apply equally and oppositely to another existing client.
Answer:
This is a conflict of interest. You must pause the interview, explain the situation honestly, and seek guidance on whether you can continue. You may have to stop advising both clients, or ensure strict client confidentiality and obtain informed consent if permitted by professional rules.
Handling Requests for Absolute Secrecy
Never guarantee that everything told in confidence will remain secret. Always warn about exceptions for disclosures required by law. Well-managed, open communication reduces client anxiety and protects your position if legal obligations require disclosure.
Revision Tip
When preparing for interview assessments, practise clearly explaining your confidentiality duties and their exceptions. Use realistic scripts and roleplay advisory pauses when sensitive information or conflicts arise.
Key Point Checklist
This article has covered the following key knowledge points:
- The solicitor’s duty of confidentiality to clients and the legal meaning of legal professional privilege
- The principal exceptions to confidentiality, including mandatory disclosures
- Best practice for recording and storing sensitive interview information
- Recognising and responding appropriately to client disclosures of distressing or sensitive information
- Identifying actual and potential conflicts of interest and the steps to take
- The meaning and significance of informed consent in conflict and confidentiality situations
- The risks of promising 'absolute' secrecy, and how to explain confidentiality correctly
Key Terms and Concepts
- client confidentiality
- legal professional privilege
- conflict of interest
- informed consent