About Attorney-Lawyer Privilege

Attorney-lawyer privilege is any information connected to the legal help that attorney is giving to his client. Lawyer can't be asked and questioned as a witness about the consequences, that he has learned upon the legal help he is giving or connected to it.

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That knowledge could be given to the lawyer by the client upon personal meetings or from his relatives or close friends, or, also, could have been taken from different kinds of documents or from experience of mutual legal proceedings. Moreover that knowledge is not necessarily connected just to the consequences of the proceeding in which the lawyer is involved in: they can apply to what the lawyer has learned about character of client's relationship with other people, his material wealth, his health condition, peculiarities of character, behavior during previous investigation. The code of lawyer's professional ethics states information about the details of what included in the secrecy:

• the fact of hiring a lawyer, including the names and titles connected to the clients;
• all the proofs and documents, the lawyer has received during the preparation for the case;
• information the lawyer got from the client;
• information the lawyer got about the client, while giving the legal help;
• content of legal advice that was given to the client or his representatives;
• all of the advocatory investigations about the case;
• the conditions of legal help agreement, including monetary settlements between the client and the lawyer;
• any other information connected with lawyer's legal help given to the client.

Without client's permission lawyer has a right to use client's statements in the volume that he thinks is necessary in foundation of legal position during civil dispute between him and his client or for self-protection during the opened disciplinary proceedings or criminal cases against him.

The meaning of client-lawyer privilege. Client's trust is probable, if there is confidence in keeping the secrecy, confidentiality on defendant's behalf, client's full transparency, sincere full protection, which is a necessary element of proceeding.

Advocacy, as a social class, is founded on trust, and so anything threatening to break the trust bond should be eliminated.

Lawyer doesn't have a right to disclose confidential information, and nobody can asked him of that.