Limiting the damage

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Police: co-operation dilemma

Q. I acted for a client in connection with an interview under caution at the police station. Whilst taking instructions before the interview, the client lost his temper and caused damage to the furniture. The police have now asked me to provide a statement with regard to the matter. What is my position?

A. You are not required to provide a statement. However, whilst you owe a duty of confidentiality to the client, this does not extend to this incident, which is not part of the retainer. You could therefore provide a statement if you wished to do so, provided you do not disclose any information which is confidential to the retainer.

The SRA encourages the profession to cooperate with the police insofar as they can, but you will need to consider the likely impact on the solicitor-client relationship if you are still acting for the client.