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Jakarta Post

Lawyer-client confidentiality often violated

  • Frans H. Winarta

Jakarta   /   Thu, March 29 2012   /  11:11 am

It is a tradition and universal public knowledge that the relationship between a lawyer and his client(s) imports obligations of confidentiality. The first duty of a lawyer is to keep secrets of his client.

In many cases, the distinction between the limits of confidence and the limits of privilege is often difficult to draw.

Confidentiality is a pre-requisite of legal professional privilege, and conversely if information is considered to be privileged, the decision whether to disclose it rests with the client, and not the lawyer.

Based on such confidentiality, the client requires his lawyer to withhold privileged documents in judicial or quasi-judicial proceedings, leaving the question of whether he may disclose them to the implied duty of confidence.

Basically, the client wants to be secure in the knowledge that protected documents and information will not ...