Gravity of Attorney-Client Privilege

A “privileged communication” is a security granted to a Legitimate communicating that takes place between the Client and the Attorney. Proficient interchanges and private correspondences with the lawful guides have been concurred under The Indian Evidence Act, 1872.This is called the attorney-client relationship. Therefore, any information that has been discussed between the client and the attorney will not be admissible in the court as that will lead to breach of this relation.

Such information between the attorney and the client is confidential and therefore such provided evidence will not count and be held as inadmissible in the court of law


Understanding the Working of Attorney Client Privileged:

This relationship to be a legitimate attorney-client following are the 4 attributes which need to be fulfilled

 (1) There has to be a communication between the Attorney and Client

(2) This communication must necessarily be made between privileged persons;

(3) The same should be done with mutual consent and also in confidence;

(4) for the purpose of seeking, obtaining or providing legal assistance to the client.


How to protect the Attorney-Client Relationship?


The following are a few pointer to protect and preserve the same

  • Have counsel hold advisors, specialists straightforwardly with written guidelines that their work item which includes in it investigation and report to be true and also kept confidential


  • To have all the documents and copies of the communication that has taken place between the two individuals.


  • It is necessary to keep in mind that any communications made or even received should not be forwarded to a third party before running it through the Attorney as it has to be made sure that such a document does not cause any problem to the client further during trial.


  • All the documents and files that are sent and received by the Attorney and their client must be kepts in a password protected area and secured well and out of reach from every other person.


  • During the case if a witness is questioned by the Attorney in a meeting held only between the three of them, the witness has to be told about the Attorney-Client Privilege Communication.


Communicate with counsel about the effect of providing communications protected by the attorney client privilege in the course and scope of a government investigation and to use such a document for a positive argument.


  • Nowadays the evidence in an electronic form also has equal importance as that given to physical documented papers and therefore in cases involving electronic discovery it is the duty of the counsel counsel to ensure that an appropriate electronic discovery agreement is entered and even filed with the court of law before engaging the discovered document. 


Wrapping Up

The attorney-client relationship has preserved the confidentiality of communication between lawyers and the client since ages and therefore this encourages clients to be honest regarding the issue and to mention all the pointers with their lawyers. Such communications are held confidential and also privileged which cannot be disclosed by any of the parties. If so done then it will be held as breach of contract.However as the times are changing and there is growing complexity in legal proceedings there are certain wording in the provisions stated under the act that needs to be changed in order to bring the same under the ambit of attorney-client privilege.

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