PRIVILEGE COMMUNICATION BETWEEN ADVOCATE AND CLIENT
Downloads
Abstract
How can a client feel secure from the potential risk of having sensitive information fall into the wrong hands? The attorney-client relationship affords a distinct, invaluable right to have communications protected from compelled disclosure to any third party.
The attorney-client privilege is the oldest privilege recognized by Anglo-American jurisprudence. The privilege ensures “that one who seeks advice or aid from a lawyer should be completely free of any fear that his secrets will be uncovered. Before the privilege exists, there must be an attorney-client relationship. An express contract is not necessary to form an attorney-client relationship; the relationship may be implied from the conduct of the parties. But it is not always so clear when an attorney-client relationship exists.
There are certain exceptions to this privilege and it can also be waived off by the client not by the attorney. There are certain matters which are not protected by the attorney-client privilege.
In India, privilege communication between lawyer and client are dealt under section126 to section129 under Indian Evidence Act, 1872. The Bar Council of India Rules stipulates for all advocates certain standards of professional conduct and etiquette. Part VI, chapter II, section 2, Rule 17 of BCIR stipulates that “An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by section 126 of the Indian Evidence Act” thus reiterating the spirit of attorney-client privilege, breach of which will also lead to violation of the Bar Council Rules.
In this research paper we will also talk about the laws/rules which deal with privilege communication in different countries like UK, USA, and Canada etc.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Shweta Goyal
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
