Open Access Research Article
CONFIDENTIALITY THROUGH LEGAL PROFESSIONAL PRIVILEGE: AN ANALYSIS OF CONFIDENTIALITY OBLIGATIONS IN THE ADVOCATE–CLIENT RELATIONSHIP
Abstract
By
recalling Shakespeare's famous line, "The first thing we do, let's kill
all the lawyers," the Supreme Court in Summoning Advocates case[1] has
renewed attention on legal professional privilege. Against this backdrop, this
paper examines the legal and ethical foundations of confidentiality in the
advocate–client relationship under Indian law. It discusses the historical
development of the privilege, the statutory framework contained in the Indian
Evidence Act, 1872, the Bharatiya Sakshya Adhiniyam, 2023, the Advocates Act,
1961, the Bar Council of India Rules, the extent to which the such framework
adequately protects confidential communications and the judicial principles
governing the scope and exceptions to legal professional privilege including
the unresolved position of in-house counsel.
Moving beyond the account of the law, the paper explains that legal
professional privilege is different from an advocate's broader ethical duty of
confidentiality. The paper argues that the real challenge lies not in
justifying the existence of legal professional privilege, but in defining its
limits in a manner that safeguards lead to full disclosure to ensure an
effective legal advice while preserving the effective administration of
justice.
[1] Summoning Advocates Who
Give Legal Opinion Or Represent Parties During Investigation of Cases &
Related Issues, In re, (2026) 2 SCC 233.
Published Paper
Author Details
Authors: ANINDITHA GANDHERegistration ID: 1013476 | Published Paper ID: IJLRA13476Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2588-2597
Article Information
CONFIDENTIALITY THROUGH LEGAL PROFESSIONAL PRIVILEGE: AN ANALYSIS OF CONFIDENTIALITY OBLIGATIONS IN THE ADVOCATE–CLIENT RELATIONSHIP
Authors: ANINDITHA GANDHE
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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