To get the best legal advice, a client needs to know that they can be opened with their legal counsel without risking their communications being used against them. The principle of solicitor-client privilege protects communications between legal counsel and clients that are disclosed without the client`s permission. However, not all advisors are created equal when it comes to privilege, and you need to make sure you trust the right person with your “warts and all” communications. Pursuant to section 42 (2) of the Telecommunications Act, the legal privilege of electronic communications between lawyer and client may be ignored if the Chief Constable or the Attorney General considers that the communication can be used in support of a criminal allegation. Notwithstanding solicitor-client privilege, an attorney may disclose certain documents/information to the extent such disclosure is required by a valid order of a court or other competent governmental authority, provided that the attorney gives timely written notice to the client of such disclosure and uses reasonable efforts to obtain a protective order that prevents or limits disclosure and/or requires that the documents/information so disclosed are for the purposes for which the Act or regulation was required or for which the order was made. In-house lawyers, if they are lawyers, are subject to the same duty of care and confidentiality as that which applies to independent lawyers. Lawyers are subject to these obligations because of their profession, not because of the nature of the advance or the relationship with clients, and therefore any client or potential client is protected by this privilege. Solicitor-client privilege allows a party, third party or the court to withhold evidence (i.e. not produce it) and there are two forms: legal privilege and litigation privilege.
Although they differ in scope, many of the basic principles are the same. The protection of information obtained in the course of other consultancy assignments is ambiguous, as the rules are linked to the professional status of the adviser established by Finnish law. According to the Lawyers Act, any person entitled to exercise legal representation in one of the member states of the European Economic Area (EEA) is obliged to comply with the ethical rules applicable in Finland, including his obligations of professional secrecy, when representing a client before a court or authority or when carrying out other activities in Finland. Similarly, the provisions on lawyers under Finnish law and the decision of the Ministry of Justice on the status of the Finnish Bar apply to a lawyer registered in the Union Register (see footnote 1). Therefore, solicitor-professional confidentiality applies at least to foreign lawyers registered in the EU, as well as to other qualified EEA lawyers practising in Finland. In other situations, the legal status is not as clear and, to our knowledge, the limits of personal privilege have not been discussed in legal practice. All information that a lawyer receives (in his capacity as a lawyer) or obtains in the context of legal advice, legal proceedings or litigation in general, or in matters determining the rights and obligations of the client, is protected by professional secrecy. This may include emails, correspondence, notes, advice or preparatory documents.
Procedural privilege is broader than legal advice privilege. It includes not only communication between a lawyer and his client, but also communication between a lawyer and his or her lay agent, a lawyer and a third party, or the client and his representative or a third party, provided that: Most people know that lawyers must keep their clients` information confidential. The concept of privilege refers to confidentiality, but differs in a few important ways. The protection of professional secrecy also applies to communications with registered in-house lawyers, as there is no specific legal provision in this regard and the Lawyers` Code does not distinguish between in-house lawyers and independent lawyers. In principle, they are all subject to the local bar and are subject to the same ethical and disciplinary rules. It should be noted that lawyers are not considered “employees” in Greece. For the LAP to be enforced, communication must take place between the client and the lawyer. LAP cannot refer to communication with a professional other than a qualified lawyer, even if they provide legal advice, such as accountants or claims advisors in the construction decision.
