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Standard Four: Confidential information
A member shall hold in strict confidence all information provided in confidence by a client or person requesting confidentiality. In addition to the member's fiduciary obligation to the client, member shall at all times exercise loyalty to the interests of the client with respect to confidential information and shall not engage in any activity which could be reasonably construed as contrary to the best interests of the client. The members shall not use confidential information for personal purposes or personal gain.
The member shall not disclose to a third party any confidential or proprietary information concerning the client's business or personal affairs unless the disclosure is required or compelled by law or regulations. All obligations and duties of the member to clients, firms and employers shall also apply to relationships with former clients and former firms and employers. The member shall act in a professional manner when, for whatever reason, relationships are terminated between the member and clients.
Interpretation:
1. The member has a duty to hold in strict confidence all information acquired in the course of the professional relationship concerning the business and affairs of the client, and the member should not divulge any information unless he(she) is expressly authorized by the member's client(s) or as required by law, to do so.
2. The member owes the duty of confidentiality to every client without exception, regardless of whether he is continuing or casual client. The duty survives the professional relationship and continues indefinitely after the member has ceased to act for the client whether or not differences may have arisen between them.
3. The member cannot render effective professional service unless there is full and unreserved communication between the member and his(her) client. At the same time the client(s) must feel completely secure and he(she) is entitled to process on the basis that, without any express request or stipulation on his(her) part, matters disclosed to or discussed with a member will be held confidential.
4. Disclosure by the member may also be permitted or required in order to defend himself(herself) or the member's associates or employees against any allegation of malpractice or misconduct, or in legal proceedings to establish or collect the member's fee, but only to the extent necessary for such purposes.
5. The relationship between the member and the member's client(s) forbids that the member use any confidential information for the benefit of himself(herself) or a third person or to the disadvantage of the member's client(s).
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