Can Lawyers Be Prosecuted For Legal Advice? Re-Examining The Client-Attorney Privilege In Light Of The Supreme Court's Suo Motu Intervention (2025)
- IJLLR Journal
- Aug 5
- 1 min read
Radhika Patel, SVKM's Narsee Monjee Institute of Management Studies - NMIMS, Indore
ABSTRACT
Recently, the Supreme Court of India initiated Suo motu proceedings addressing a fundamental question of legal ethics and constitutional law: Can lawyers be prosecuted or summoned merely for advice given to their clients? Triggered by the Enforcement Directorate’s controversial summons to senior advocates in a financial investigation, this development has reignited debate around the scope and sanctity of attorney-client privilege in India. This article critically examines the legal framework governing professional confidentiality, analyses the constitutional implications of investigative overreach, and situates India’s position within international norms on legal privilege. Through a review of statutory provisions and landmark judgments, the article argues that unless legal advice is proven to be in furtherance of a crime, lawyers must be protected from coercive investigative actions. The article concludes with recommendations for procedural safeguards to uphold the independence of the legal profession and ensure that access to justice is not compromised by institutional overreach.
