Rule 9.2.3 allows you to disclose confidential information in a confidential setting, for the sole purpose of obtaining advice in connection with your legal or ethical obligations.
You must be genuinely seeking assistance in the client’s interest, not engaging in ‘frivolous or promiscuous revelation’ of the confidential information or an opportunity to gossip (McKaskell v Benseman [1989] 3 NZLR 75, 88). Mixed purposes (e.g. financial reporting) will not fall under this exception.
Ethical assistance
The Law Institute of Victoria’s ethics helpline is a valuable source of high-quality and confidential ethics advice that is freely available to all Victorian lawyers. Email ethics@liv.asn.au or call 03 9607 9336.
Other sources of advice may be a trusted colleague or mentor. Remember to only disclose confidential information to the extent necessary to obtain the needed advice and de-identify the disclosure to discuss issues in a way that does not lead to identification of your client.
Related guidance
- Confidentiality and its exceptions
- Disclosure where there is express or implied consent
- Disclosure that is permitted or compelled by law
- Disclosure to avoid the probable commission of a serious criminal offence
- Disclosure to prevent imminent serious physical harm
- Disclosure to professional indemnity insurer
- Steps to take when considering making a disclosure