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RACHEL LANGDALE and RICHARD MILLER QCs, Members of the Bar Council Professional Practice Committee
Family lawyers will be familiar with the professional judgments which arise when clients reveal material in conference which is unhelpful to their case, but may be relevant to the court in assessing the needs of the subject child. Knowledge of the law in respect of legal professional privilege, privilege against self-incrimination, the duty of confidentiality and duties to the court generally is crucial. The Bar Council has recently issued updated guidance (January 2010) in respect of the various complex matters to be determined. This article serves to highlight briefly some of the issues involved.
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