Attorney-Client Privilege: A Question Of Ethics

Abhishek Islam, Amity University, Kolkata

ABSTRACT

Can we say that a lawyer is privileged when compared to the rest of the commons? Well in certain scenarios, yes. A lawyer is not obliged to reveal the sensitive information that his client might tell him, nor can anyone force the lawyer to do so. This is what is termed as Attorney-Client privilege. This privilege vouches for the protection of the confidentiality of information revealed by a client to his lawyer so that he or she can share their sensitive case details with their lawyer even if it is against their interests because at the end of the day it is only their lawyer who can protect them from their wrongdoings. It promotes open and honest discussions, allowing clients to share sensitive information without fear of disclosure. Ethically, lawyers must uphold this privilege, maintaining confidentiality and protecting their clients' interests, even if they possess potentially damaging information. It is a legal principle ensuring confidential communications between an attorney and their client. This paper further guides us through the provisions, comments, and restrictions on this privilege. It is a fundamental aspect of legal ethics that underpins trust and the attorney-client relationship.