Attorney-client privilege in Polish law and legal practice – on legal gaps and some controversial matters

This article presents the legal framework of attorney-client privilege in Poland, indicating situations when an attorney is entitled or obliged to reveal information covered, in principle, by professional secrecy, as well as the consequences of an attorney’s erroneous evaluation in this regard. The...

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Bibliographic Details
Published in:ERA-Forum Vol. 23; no. 4; pp. 447 - 461
Main Author: Hryniewicz-Lach, Elżbieta
Format: Journal Article
Language:English
Published: Berlin/Heidelberg Springer Berlin Heidelberg 01.05.2023
Springer Nature B.V
Subjects:
European Integration
Law
Law and Criminolgy
Political Science
Public International Law
Attorney-client privilege
Professional secrecy
Criminal proceeding
ISSN:1612-3093, 1863-9038
Online Access:Get full text
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Summary:This article presents the legal framework of attorney-client privilege in Poland, indicating situations when an attorney is entitled or obliged to reveal information covered, in principle, by professional secrecy, as well as the consequences of an attorney’s erroneous evaluation in this regard. The author refers to provisions which require legal amendment or functional interpretation in order to guarantee respect for attorney-client privilege in legal proceedings, pointing out also controversial interpretations in court practice of what, in principle, are clear legal provisions relating to attorney duties. Finally, the poor perspective for changes in relevant field and the reasons for this are explained.
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ISSN:1612-3093
1863-9038
DOI:10.1007/s12027-023-00741-0