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Fundamental Criminal Procedural Obligation of the Lawyer: Attorney-Client Privilege (Confidentiality)

Author

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  • Denisa Barbu

    (Valahia University of Targoviste, Department of Public Administration, Romania)

Abstract

The spectacular development of the market of legal services determined the development of some rules for the protection of the professional body of lawyers, but also of their clientele, starting from the definition, redefinition and updating of some fundamental principles regarding the way of conducting the lawyer's activity, among the most important being the obligation to preserve professional confidentiality. In the criminal process, this is the fundamental institution for guaranteeing the right of defense and the right to a fair trial of the accused. This article aims to analyze the dual nature of this principle that governs the activity of lawyers: that of protecting the attorney as a professional and that of guaranteeing the procedural rights of the client.

Suggested Citation

  • Denisa Barbu, 2022. "Fundamental Criminal Procedural Obligation of the Lawyer: Attorney-Client Privilege (Confidentiality)," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 17(1-2), pages 106-120, June.
    • Handle: RePEc:lum:rev4rl:v:17:y:2022:i:1-2:p:95-105
    DOI: https://doi.org/10.18662/jls/17.1-2/102
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    More about this item

    Keywords

    professional confidentiality; attorney-client privilege; lawyer's obligations;
    All these keywords.

    JEL classification:

    • I12 - Health, Education, and Welfare - - Health - - - Health Behavior
    • I15 - Health, Education, and Welfare - - Health - - - Health and Economic Development
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health

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