Who is a Quasi Client?

Abstract

In the nineteenth century case of Taylor v Blacklow, Gaselee J stated that ‘the first duty of an attorney is to keep the secrets of his client’. That duty of confidentiality has been reiterated by the courts in hundreds of cases throughout the common law world in the years since Taylor v Blacklow was decided. Yet, how does the duty arise? Is it dependent upon a formal retainer? Is it owed to those who have not even retained a solicitor’s services? If so, how and when? Is there any substantive difference between true clients and so-called quasi clients for the purposes of confidentiality? The Hong Kong Court of Appeal considered these issues in Allan v Ng Co (a firm). The implications of its conclusions are far from encouraging.