Lawyer’s secret policy
Lawyer’s secret – any information that became known to the lawyer about the client, as well as the issues for which the client turned to the lawyer, the content of advice, consultations, explanations of the lawyer, documents prepared by him, information stored on electronic media, and others documents and information received by the lawyer during the performance of the lawyer’s activity.
Lawyer secrecy is the fundamental basis of a lawyer’s activity
In the recommendations of the Committee of Ministers of the Council of Europe dated October 25, 2000 on the freedom to exercise professional legal duties, it is stated that one should take all necessary actions aimed at properly ensuring the confidential nature of the relationship between the lawyer and his client (clause 6 of principle I), lawyers must observe professional secrecy in accordance with national legislation, internal regulations and professional standards. Any breach of the principle of professional secrecy without the appropriate consent of the client must be duly punished (item 2 of principle III).
The obligation to maintain lawyer’s secrecy in Ukraine applies to a lawyer, his assistant, an intern and persons who are in employment relations with a lawyer, a law office, a lawyer’s association, as well as a person in respect of whom the right to practice law has been suspended.
Persons guilty of access by third parties to the lawyer’s secret or its disclosure are liable in accordance with the law.
Observance of the principle of confidentiality is a necessary and the most important prerequisite for a relationship of trust between a lawyer and a client, without which proper provision of legal assistance, protection and representation is impossible. Therefore, preserving the confidentiality of any information that is defined as the subject of lawyer secrecy or constitutes personal data about a natural person, is the right of the lawyer in relations with all legal entities that may require the disclosure of such information, and the duty to the client and those persons, to whom this information concerns.
The effect of the confidentiality principle is not limited in time
The disclosure of information constituting the lawyer’s secret is prohibited under any circumstances, including illegal attempts by the inquiry, investigation and court bodies to interrogate the lawyer about the circumstances constituting the attorney’s secret.
Information and documents may lose the status of lawyer’s secret upon written request of the client.
The law guarantees:
– it is forbidden to demand from a lawyer, his assistant, a trainee, a person who is in employment relations with a lawyer, a lawyer’s office, a lawyer’s association, as well as from a person in respect of whom the right to practice law has been suspended, to provide information that is a lawyer’s a secret These persons may not be interrogated on these issues, unless the person who entrusted the relevant information exempted these persons from the obligation to keep secrets in accordance with the law;
– it is forbidden to involve a lawyer in confidential cooperation during the implementation of operative and investigative measures or investigative actions, if such cooperation will be related or may lead to the disclosure of the lawyer’s secret.