CONFIDENTIALITY OF A BARRISTER OR A SOLICITOR AS A SPECIAL TYPE OF THE DUTY OF PROFESSIONAL SECRECY

Abstract

Although the principle of the confidentiality between client and attorney or solicitor is only one among many other professional duties of confidentiality, its nature is exceptional. Especially in the context of its legal regulation and a notion of controversy towards it. The main aim of the article is to analyze bodies of law that recognizes the duty of confidentiality between an attorney or a solicitor and their client, with particular focus on the regulation of the legal acts that allow the organs in criminal procedure to exempt the lawyer form a duty of professional confidentiality. Within the articles not only statutory law provisions has been analyzed but also norms of a corpo-rate nature. The articles stress also that exists a dichotomy in the perceptionof the issue not only among professionals but also by the legislator himself.