Privileged and Confidential Information.
s.loganathan
(Querist) 12 September 2010
This query is : Resolved
Is everything and anything pertaining to opinion on a case discussed with a Lawyer, considered as Privileged and Confidential Information? What if that advise is against the law, such as "You will not win your case if you tell the truth, you can only win if you lie, even if you have merits". Will the scope of Privileged and Confidential Information still shield him?
SANJAY GUPTA
(Expert) 13 September 2010
a lawyer always advice according to law and smtime twist question/suggestions but it isnt mean he is asking you to tell lie before the court to win the case.
s.loganathan
(Querist) 13 September 2010
Please Mr. Sanjay Gupta, read my lips (or rather his lips):
"You will not win your case if you tell the truth, you can only win if you lie, even if you have merits"
Certainly, no 'twist' to this!!!!!!!
s.subramanian
(Expert) 13 September 2010
It is also a privileged communication under the Indian Evidence Act.It is only the communication that is considered in law and not the nature of such communication.Thus even such communication as you have posted claim such a privilege.
bhupender sharma
(Expert) 13 September 2010
under 126 of the Evidence Act the said communication is preliviged however we have to watch the interest of our client and the same is to be in accordance with law or with the law frame. So far as truth speaking of the parties is concerned none of the party speak truth either he is suing some one or is being sued.
s.loganathan
(Querist) 13 September 2010
Thank you Mr. S. Subramanian, but with all due respect, I am reproducing herein below an extract of an advocate of this same club, advocate veenzar (28.02.2008), who opines 'illegality' not to be privileged;
".....This Section does not protect from disclosure: 1. any communication made in furtherance of any illegal purpose; 2. any fact observed in the course of employment showing that any crime or fraud has been committed since the commencement of the employment. The protection afforded under this Section cannot be availed of against an order to produce documents under Section 91 of the Code of Criminal Procedure. The document must be produced, and then, under Section 162 of this Act, it will be for the Court, after inspection of the documents, if it deems fit, to consider and decide any objection regarding their production or admissibility. Under Section 126, it is not that every communication made by a person to his legal adviser is protected from disclosure but only those communications made confidentially with a view to obtain professional advice are privileged. It should also be remembered that the privileged extends only after the creation of pleader-client relationship and not prior to that. Also, communication must be made with the lawyer in his capacity as a professional adviser and not as a friend. Considering the exception to this rule, existence of an illegal purpose will prevent any privilege attaching to any communication. Thus, communications made with a view to carry out a fraud are not privileged.[9] " Pls comment.
pawan sharma
(Expert) 14 September 2010
i am adding some point on this issue-
...proviso of s.126:
(i)any such communication made in furtherance of any illegal purpose.
ii. .......any crime or fraud has been commited since the commecement of his employment.
also see the illustrations b and c of section 126 evidence act.so the illegal or unlaw full advice are not protected under section 126. but your statement in your question are protected.
GIRISH SULE
(Expert) 19 September 2010
There are some facts or informaton nwhich is privilaged under Evudence Act & Official Secreats Act. Some relatons are also privilaged .
Many a times some are communications are not ethical . So do not get confused . Be confident .
