Professional communications
AI Assist
Summary
An advocate must not disclose any communication, advice, or the contents of documents received in the course of professional service without the client's express consent. The protection applies during the retainer and continues after the professional service ends. Exceptions are communications made to further an illegal purpose, and facts the advocate observes while serving that show a crime or fraud committed since the service began. The rule also covers interpreters and the advocate's clerks or employees.
Example
Priya asks her advocate to file a suit using a forged sale deed to take over a neighbour's shop. Because this communication is in furtherance of an illegal purpose, the advocate is not protected by privilege and may disclose it.
Bare Act
Enacted text(1) No advocate, shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service:
Provided that nothing in this section shall protect from disclosure of-
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(a) any such communication made in furtherance of any illegal purpose;
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(b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud has been committed since the commencement of his service.
(2) It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1), was or was not directed to such fact by or on behalf of his client.
Explanation.-The obligation stated in this section continues after the professional service has ceased.
Illustrations.
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(a) A, a client, says to B, an advocate-"I have committed forgery, and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.
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(b) A, a client, says to B, an advocate-"I wish to obtain possession of property by the use of a forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.
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(c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the proceedings, B observes that an entry has been made in A's account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his professional service. This being a fact observed by B in the course of his service, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
(3) The provisions of this section shall apply to interpreters, and the clerks or employees of advocates.
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