Suppose an employer is trying to gag a former employee from speaking out about certain issues, citing confidentiality clauses that were present in the former employee's employment contract. However, the former employee feels the need to get proper advice on the matter. Also, this case happens to be in a highly specialised area of law, where it is difficult to find lawyers with the right mix of expertise. Whom can the employee talk to about this case and whom can she not?

In the UK, I believe everyone has a right to obtain proper legal advice. In a case like this, can the employee disclose the facts of the case to her friend, colleague, or another professional who may not be formally qualified in law, or be practicing lawyers, but may still have the knowledge about the legal aspects of the case nevertheless?

What are the rules when it comes to balancing confidentiality and the right to obtain legal advice?

  • Your right to obtain legal advice doesn't give everybody absolute right to give it. Find a lawyer and engage their services. – Nij Nov 13 '20 at 19:32
  • @Prober I'm composing an answer but before I post it can you clarify what you mean by "disclose the facts of the case". Do you mean to get advice on the confidential information or just the wording of the confidentiality clauses? Thanks – Rock Ape Nov 13 '20 at 21:17
  • @RickApe Yes, I meant, can the employee disclose the confidential information related to the case to a friend, colleague or another professional from her field, who happen to know the intricacies of the legal aspects of the matter, but are not practicing "lawyers" per se. We are talking about a field and a case, where it is generally acknowledged that it is extremely difficult to find a professional lawyer with expertise in even half the number of aspects of the case. – Prober Nov 19 '20 at 13:17

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