State obligation to protect the confidentiality of exchanges between lawyers and their clients: no interference possible without procedural guarantees worthy of a state governed by the rule of law.

In the event of interference with a lawyer's data, it is incumbent on the signatory states of the European Convention on Human Rights to protect the lawyer's professional secrecy with special procedural safeguards of the level required by the rule of law, even if the lawyer has voluntarily handed over his data to the authorities or is not registered with a bar association in the state concerned.

Comment ECHR, June 6, 2024,^nos.36559/19 and36570/19, Bersheda and Rybolovlev v/Monaco

https://www.labase-lextenso.fr/gazette-du-palais/GPL467k4

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Notebooks of justice

Carnets de Justice
Blog

Lawyer. Attorney-client privilege. Enforceability of attorney-client privilege. Attorney-client privilege. Rights of the defense. Confidentiality of in-house counsel's opinions.

22/10/2024

Attorney-client privilege: the need for new legislative intervention

Deaf, blind or stubborn? No, in good faith, judges and lawyers are always at odds over the scope of professional secrecy.

Lawyer. Professional secrecy. ECHR.

3/9/2024