The Issue of Professional Secrecy: An Analysis of Selected Court Judgments Cover Image

Zagadnienie tajemnicy zawodowej – analiza wybranych orzeczeń sądowych
The Issue of Professional Secrecy: An Analysis of Selected Court Judgments

Author(s): Monika Glinka
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: professional secrecy; legal adviser’s secrecy; judicial decisions; obligation to maintain professional secrecy; release from the obligation to maintain professional secrecy; professional conduct

Summary/Abstract: The obligation to maintain professional secrecy is an indispensable element of practicing as legal adviser. Over the years, this issue has been the subject of numerous court judgments, interpretations, commentaries, and discussions – mainly due to the lack of a legal definition of “professional secrecy” under Polish law. This article aims to briefly present selected court judgments regarding the professional secrecy of lawyers and discuss them with particular emphasis on practical issues, namely the scope of professional secrecy and the restrictions on the release the reform, as well as cases of releasing legal advisers from the obligation to maintain professional secrecy. Also mentioned are court judgments that refer to general issues related to professional secrecy, such as attempts to define and establish the boundaries of the term, the objective scope thereof, and issues related to securing documents covered by professional secrecy, which nowadays are of great significance mainly due to the use of electronic forms of communication between legal advisers and their clients.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 9-26
  • Page Count: 18
  • Language: Polish
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