gaurav 21 October 2016

Confidentiality with my lawyer

Friends,

I am involved in a land dispute civil case.

In fact, I am living in a city more than 800 km away from the city where the land case is being tried by a Senior Civil Judge.

In the meantime, my lawyer tried to communicate with me about the case details over emails. He sent some papers to me which details "the answers" to issues raised in the land case.

I made some changes in the answers and sent them back to my lawyer.

Now the opposition lawyer has sought access to the emails that I exchanged with my lawyer.

The opposition lawyer has sought those emails from me.

My contention is that I have full right to maintain confidentiality about what I talk to my own lawyer.

Why should the opposite lawyer be interested to know what "initial answers" my lawyer made and what changes I made in "those answers" to check what is going on in our strategy to fight the case?

My another contention is that my lawyer may make some mistakes in the draft of answers because he has so many cases to deal with. Its my duty to change some answers in line with the evidence that I may support my answers with. But now the opposition lawyer has sought this information from me???

Can I not keep my communications made with my lawyer confidential under Indian law?

Please help me.

Gaurav

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4 Replies

Kumar Doab (FIN) 21 October 2016

It is strange.

It is strange demand.

You may discuss it also with your own lawyer and give a fitting reply.

G.L.N. Prasad (Retired employee.) 22 October 2016

1)You need not share your personal email with any one. You have a right to maintain such privacy.

2)Ask your advocate, to get the draft approved before filing in court, for your verification and confirmation and specifically request him not to file any statement in court without your signature. (Normally it is affidavit o/ written statement and witness statement that counts in addition to plaint averments)

Ms.Usha Kapoor (CEO) 22 October 2016

Between a lawyer and client there is a fiduciary relationship or trust relationship. whatever you tell or share with the lawyer is private between you and the lawyer and if he breaches this relationship you can sue him for breach of confidentiality. AlSo you've every right to protect your confidentiality of information exchanged between you and your lawyer secret and private.between you two. If you appreciate this answer please click the thank you button on this forum.