#INDIA : #ATTORNEY #CLIENTS #PRIVILEGE IN INDIA WHAT DO ONE #UNDERSTAND BY #PRIVILEGED #COMMUNICATION BETWEEN #PROFESSIONALS AND THEIR CLIENTS ? PROFESSIONALS ARE ANYONE SAY FOR EG.- #DOCTORS, #LAWYERS, #CHARTERED #ACCOUNTANTS , #ARCHITECTS, ETC.... HERE BELOW ,AM SPEAKING ABOUT THE PRIVILEGED COMMUNICATION/S BETWEEN LAWYERS AND THEIR CLIENTS .... A privileged professional communication is a #protection awarded to a communication between the #legal #adviser and the client. Professional communications and confidential communications with the legal advisors have been accorded protection under The Indian Evidence Act, 1872 (the Act). If the privilege did not exist at all, everyone would be thrown upon his own legal resources. Deprived of all professional assistance, a man would not venture to consult any skilled person, or would only dare to tell his counsel half his case. We will discuss this topic from the perspective of India and few other countries in the world. In this article we will discuss the Indian law the way it perceives attorney-client privilege. Privileged Communications In India, Sections 126 to 129 of the Act deal with privileged communication that is attached to professional communication between a legal adviser and the client. Section 126 of the Act provides the scope of privilege attached to professional communications in an attorney-client setting. It restricts attorneys from disclosing any communications exchanged with the client and stating the contents or conditions of documents in possession of the legal advisor in course of and for the latters employment with the client. The section also provides certain exceptional grounds on which such privilege shall stand denied, being in furtherance of any illegal purpose or facts coming to the awareness of the attorney showing that either crime or fraud has been committed since the commencement of the attorneys employment on the concerned matter. It is immaterial whether the attention of such barrister, [pleader], attorney or vakil was or was not directed to such fact by or on behalf of his client. Section 127 extends the privilege provided under section 126 to the interpreters, clerks and servants of the legal adviser. Section 128 continues to bind the legal adviser from disclosing any information covered under sec 126 unless the client calls the legal adviser as a witness and questions him on the same. Section 129 lays down that no one shall be compelled to disclose to the court any confidential communication which has taken place between him and his legal professional advisor, unless he offers himself as a witness. To claim privilege under section 126 of the Act, a communication by a party to his pleader must be of a confidential nature. (Memon Hajee Haroon Mohomed v. Abdul Karim [1878] 3 Bom. 91). Also, there is no privilege to communications made before the creation of a relationship of a pleader and client. (Kalikumar Pal v. RajkumarPal 1931 (58) Cal 1379, Para 5) In India any person who seeks an advice from a practicing advocate, registered under the Advocates Act, would have the benefit of the attorney-client privilege and his communication would be protected under section 126 of the Act. This section would also extend to the employees of the advocate/law firm which could include accountants, paralegals, and such other employees. #Bar #Council Of India #Rules The Bar Council of India Rules (BCIR) stipulates for all #advocates (legal advisers) certain #standards of professional Conduct and #Etiquette. Part VI, Chapter II, Section II, Rule 17 of BCIR stipulates that An advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the #Indian #Evidence #Act thus reiterating the spirit of attorney-client privilege, breach of which will also lead to #Violation of the Bar Council Rules. THEREFORE, FRIENDS, LAST BUT NOT THE LEAST, ANY PROFESSIONALS, BE IT CHARTERED-ACCOUNTANTS, LAWYERS, DOCTORS, ARCHITECTS ETC, ARE NOT SUPPOSE TO #DIVULGE ANY KIND OF PRIVILEGED COMMUNICATION OF THEIR CLIENTS TO ANY #THIRD-#PARTY , BECAUSE FOR THE ONLY REASONS THAT SUCH A PRIVILEGED COMMUNICATION OR #INFORMATION OF THEIR CLIENTS , WILL BE MISUSED AS PER THEIR VESTED INTEREST BY SUCH A THIRD-PARTY WHO DELIBERATELY EXTRACTS SUCH INFORMATIONS FROM LAWYERS, CAs, ARCHITECTS ,SO-ON & SO-FORTH !!! WELL, WE ALL ARE AWARE THAT, INDIANS ARE NOT AT ALL LESS ,IN GOSSIPING AND POKING THEIR NOSE, IN OTHERS BUSINESS, RATHER THAN MINDING THEIR OWN ( IF AT ALL THEY HAVE THEIR OWN WORKS/BUSINESS)
Posted on: Wed, 19 Nov 2014 08:52:35 +0000
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