LAWYER CONFIDENTIALITY
The role of the lawyer is characterized by a focus on counseling, advocacy and conciliation. A lawyer advises a client on legal issues, considers the possibilities of resolving the dispute amicably and certainly advocates in a legal proceedings if this occurs. In order the previously mentioned acti...
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University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary
2021
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oai:doaj.org-article:836deeeb4ccd4df39346985d8b216d262021-11-10T20:43:36ZLAWYER CONFIDENTIALITY 10.5937/ptp2103042B0352-37132683-5711https://doaj.org/article/836deeeb4ccd4df39346985d8b216d262021-11-01T00:00:00Zhttps://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/586https://doaj.org/toc/0352-3713https://doaj.org/toc/2683-5711 The role of the lawyer is characterized by a focus on counseling, advocacy and conciliation. A lawyer advises a client on legal issues, considers the possibilities of resolving the dispute amicably and certainly advocates in a legal proceedings if this occurs. In order the previously mentioned activities between the client and lawyer to be achieved, it is necessary to establish a mutual connection. Talking about a lawyer`s capability of fulfilling the role of a counsel and client’s representative, he/she must be independent in his/her work, especially having professional independence in relation to courts, state bodies, but also in relation to his/her own interests. It is this independence that represents a significant foundation in gaining trust in the client-lawyer relationship. Achieving trust is not easy, although it is a priori expected. In order to gain trust and to be able to access an adequate representation in a legal proceedings, the lawyer’s obligation is to keep the lawyer’s secret and not to disclose confidential information. A lawyer’s secret can be considered from several aspects, from the moral, contractual, ethical... In this research, certain important theoretical frameworks will be considered, with the focus on presenting and reviewing the international, primarily European legislative regulation of the issue of legal secrecy. This paper will certainly include the aspect of domestic legislation too. In addition to the above, some important positions of the European Court of Human Rights will be pointed out. Before presenting the conclusions emerged from this research, a special attention will be paid to the circumstances when a lawyer can reveal a secret. Nenad BingulacDragan MiljenovićUniversity Business Academy in Novi Sad Faculty of Law for Commerce and Judiciaryarticlelawyer confidentialityclient's trustfair trialinternational principlescase studyCriminal law and procedureK5000-5582Civil lawK623-968Commercial lawK1000-1395ENPravo, Vol 38, Iss 3 (2021) |
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DOAJ |
| collection |
DOAJ |
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| topic |
lawyer confidentiality client's trust fair trial international principles case study Criminal law and procedure K5000-5582 Civil law K623-968 Commercial law K1000-1395 |
| spellingShingle |
lawyer confidentiality client's trust fair trial international principles case study Criminal law and procedure K5000-5582 Civil law K623-968 Commercial law K1000-1395 Nenad Bingulac Dragan Miljenović LAWYER CONFIDENTIALITY |
| description |
The role of the lawyer is characterized by a focus on counseling, advocacy and conciliation. A lawyer advises a client on legal issues, considers the possibilities of resolving the dispute amicably and certainly advocates in a legal proceedings if this occurs. In order the previously mentioned activities between the client and lawyer to be achieved, it is necessary to establish a mutual connection. Talking about a lawyer`s capability of fulfilling the role of a counsel and client’s representative, he/she must be independent in his/her work, especially having professional independence in relation to courts, state bodies, but also in relation to his/her own interests. It is this independence that represents a significant foundation in gaining trust in the client-lawyer relationship. Achieving trust is not easy, although it is a priori expected. In order to gain trust and to be able to access an adequate representation in a legal proceedings, the lawyer’s obligation is to keep the lawyer’s secret and not to disclose confidential information. A lawyer’s secret can be considered from several aspects, from the moral, contractual, ethical... In this research, certain important theoretical frameworks will be considered, with the focus on presenting and reviewing the international, primarily European legislative regulation of the issue of legal secrecy. This paper will certainly include the aspect of domestic legislation too. In addition to the above, some important positions of the European Court of Human Rights will be pointed out. Before presenting the conclusions emerged from this research, a special attention will be paid to the circumstances when a lawyer can reveal a secret.
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| format |
article |
| author |
Nenad Bingulac Dragan Miljenović |
| author_facet |
Nenad Bingulac Dragan Miljenović |
| author_sort |
Nenad Bingulac |
| title |
LAWYER CONFIDENTIALITY |
| title_short |
LAWYER CONFIDENTIALITY |
| title_full |
LAWYER CONFIDENTIALITY |
| title_fullStr |
LAWYER CONFIDENTIALITY |
| title_full_unstemmed |
LAWYER CONFIDENTIALITY |
| title_sort |
lawyer confidentiality |
| publisher |
University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary |
| publishDate |
2021 |
| url |
https://doaj.org/article/836deeeb4ccd4df39346985d8b216d26 |
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AT nenadbingulac lawyerconfidentiality AT draganmiljenovic lawyerconfidentiality |
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