LAWYER CONFIDENTIALITY

Abstract

The role of the lawyer is characterized by a focus on counseling, advocacy and conciliation. A lawyer advises a client on legal issues, considers the possibilities of resolving the dispute amicably and certainly advocates in a legal proceedings if this occurs. In order the previously mentioned activities between the client and lawyer to be achieved, it is necessary to establish a mutual connection. Talking about a lawyer`s capability of fulfilling the role of a counsel and client’s representative, he/she must be independent in his/her work, especially having professional independence in relation to courts, state bodies, but also in relation to his/her own interests. It is this independence that represents a significant foundation in gaining trust in the client-lawyer relationship. Achieving trust is not easy, although it is a priori expected. In order to gain trust and to be able to access an adequate representation in a legal proceedings, the lawyer’s obligation is to keep the lawyer’s secret and not to disclose confidential information. A lawyer’s secret can be considered from several aspects, from the moral, contractual, ethical... In this research, certain important theoretical frameworks will be considered, with the focus on presenting and reviewing the international, primarily European legislative regulation of the issue of legal secrecy. This paper will certainly include the aspect of domestic legislation too. In addition to the above, some important positions of the European Court of Human Rights will be pointed out. Before presenting the conclusions emerged from this research, a special attention will be paid to the circumstances when a lawyer can reveal a secret.

Keywords

• lawyer confidentiality
• client's trust
• fair trial
• international principles
• case study