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The Importance of Client-Attorney Privilege in Indian Law

The Importance of Client-Attorney Privilege in Indian Law

When you speak to a doctor about your health, you expect confidentiality. Similarly, when you consult a lawyer about a legal issue — whether it’s a business problem, a personal conflict, or a criminal matter — that conversation is meant to stay private.

This confidentiality between a lawyer and their client is protected by a legal principle called Client-Attorney Privilege.

Let’s understand what it means, why it matters, and how it works under Indian law.

What is Client-Attorney Privilege?

Client-attorney privilege is a legal right that ensures any communication between a client and their lawyer remains confidential.

This means:

  • Your lawyer cannot disclose anything you tell them in confidence
  • Even a court cannot force your lawyer to reveal your private discussions
  • It applies to verbal talks, emails, documents, and case files

This protection allows clients to speak freely and honestly without fear, which is essential for strong legal representation.


What Indian Law Says

Under the Indian Evidence Act, 1872, Sections 126 to 129 deal with this privilege.

Key highlights:

Section 126:

An advocate is barred from disclosing:

  • Any communication made by the client
  • Any advice given to the client
  • Any contents of documents shared during the course of employment

Even after the lawyer-client relationship ends, the confidentiality remains protected.

Section 127:

Extends this rule to interpreters, clerks, or assistants of the advocate.

Section 128:

If the client voluntarily shares the privileged communication with someone else (a third party), the protection can be lost.

Section 129:

A court cannot compel a client to reveal confidential communications with their legal advisor, unless the client offers themselves as a witness.

Why Is This Important?

1. Builds Trust

Clients are more likely to share facts honestly, even uncomfortable ones, when they know their privacy is protected.

2. Ensures Fair Defence

A lawyer can only defend or advise properly if they know the complete truth — which only happens in a safe, confidential space.

3. Protects the Legal Process

It strengthens the justice system by preserving the sanctity of legal advice and preventing misuse of private information.

When Privilege Doesn’t Apply

While this rule is strong, it does have a few exceptions:

  • If the lawyer is used to commit or plan a crime or fraud
  • If the communication is made in the presence of a third party, it may lose protection
  • If the client waives the privilege voluntarily

Note: Client-attorney privilege is meant to protect genuine legal support — not illegal activity.

At R.K. Bhandari & Co.

We strongly believe that confidentiality is the foundation of professional legal support. Whether we’re advising a corporate client, handling compliance matters, or assisting with litigation, your information stays safe with us.

As a legal and compliance consultancy with over three decades of experience, we ensure:

  • Client data protection
  • Confidential consultations
  • Ethical legal representation

Final Thoughts

Client-attorney privilege is more than a legal rule — it’s a promise. A promise that your lawyer is not just your legal representative, but also your trusted ally. Whether you're an individual or a business, knowing that your information is protected gives you the confidence to take the right legal steps.

Need confidential legal advice or compliance support?
Contact R.K. Bhandari & Co. — where your concerns are heard, your rights are protected, and your trust is valued.

 


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