IV Confidentially

1.It is of the essence of a lawyer’s function that he should be told by his client things which the client would not tell to others, and that he should be the recipient of other information on a basis of confidence.Without the certainty of confidentially there cannot be trust.The obligation of confidentiality is therefore recognised as the primary and fundamental right and duty of the profession.

2.While there can be no doubt as to the essential principle of the duty of confidentiality, the Consultative Committee has found that there are significant differences between the Member countries as to the precise extent of the lawyer’s rights and duties.These differences which are sometimes very subtle in character especially concern the rights and duties of a lawyer vis-à-vis his client, the Courts in criminal cases and administrative authorities in fiscal cases.

3.Where there is any doubt the Consultative Committee is of opinion that the strictest rule should be observed-that is, the rule which offers the best protection against breach of confidence.

4.The Consultative Committee most strongly urges the Bars and Law Societies of the Community to give their help and assistance to Members of the profession from other countries in guaranteeing protection of professional confidentiality.