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Understanding Client-Attorney Privilege in Indian Law: What Every Client Should Know


Understanding Client-Attorney Privilege in Indian Law: What Every Client Should Know

By Adv. Raj Kumar Bhandari
Senior Advocate, Ludhiana

Introduction: More Than Just Confidentiality

In over three decades of practice, I’ve often come across clients who hesitate to speak freely during our first few meetings. They worry: “What if this information is used against me?” It’s a fair concern — and one that brings us to a very important principle in our legal system: Client-Attorney Privilege.

This isn’t just a legal formality. It’s the backbone of trust between a lawyer and their client — and without trust, the justice system simply can't function.

Let’s break it down in plain language — what this privilege means, what it covers, and what it doesn’t.

What Is Client-Attorney Privilege?

In simple terms, whatever you say to your lawyer in confidence stays confidential. This rule is laid down in Sections 126 to 129 of the Indian Evidence Act, 1872. It means that neither a lawyer can disclose your communication, nor can they be forced to do so in court — even by a judge.

Whether you confess your mistake or share sensitive business dealings, your lawyer cannot be a whistleblower.

This privilege applies when:

  • You are speaking to a licensed advocate

  • You are seeking legal advice

  • The communication is made in confidence

Where It Begins and Ends

Now, some clarity is important here. The privilege starts the moment you consult a lawyer professionally, even if you don't end up hiring them.

But there are limits, too.

When Privilege Does Not Apply:

  1. If the communication is made for an illegal purpose
    For example, if someone tells their lawyer, “I plan to bribe a government officer — can you help?” — that’s not protected.

  2. If the lawyer is aware of a crime yet to be committed
    Future crimes are not shielded. The privilege doesn’t give anyone a license to misuse legal counsel for wrongdoing.

  3. If the communication is made in the presence of a third party
    Confidentiality means just that — if you bring along someone who is not essential (like a friend or relative), you may risk waiving that protection.

Advocate’s Duty: More Than Just Silence

As a lawyer, my duty isn’t just to keep quiet. It’s to create a safe space where you can be honest without fear. I always tell my clients, "The more you tell me, the better I can protect you — but only if you tell me everything truthfully."

This privilege empowers advocates to represent their clients effectively, whether it’s in a civil dispute, criminal trial, or even during pre-litigation consultations.

Where Most People Go Wrong

One common mistake I’ve noticed — especially among young entrepreneurs or first-time litigants — is the tendency to withhold key facts out of fear or shame. They may think it’s better to “hide it from the lawyer.”

Let me be blunt — if your own lawyer doesn’t know the full truth, the opposing counsel might use it to their advantage. Surprises are best avoided in courtrooms.

Trust Is Not a Weakness — It’s Your Legal Right

The law has carved out this protection not for lawyers — but for you, the client. It's your shield. Use it wisely.

I always advise: be truthful with your counsel. A lawyer can only build a strong case when the foundation is real. Privilege ensures your honesty stays between us — protected, respected, and never used against you.

Know Your Rights, Use Them Responsibly

If you ever need legal advice — whether it’s about a family dispute, a business transaction, or a criminal charge — don’t hold back. The law is on your side, and so is your advocate.

If you have any questions or want to discuss your rights in confidence, feel free to reach out. In law, knowledge is power — and knowing when your words are protected is one of the most powerful tools you have.

Until next time,

Adv. Raj Kumar Bhandari
Senior Advocate, Ludhiana

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