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Lawyers' Duty To Protect Privileged Communication

Section 126/129 of Evidence Act deals with privilege communication that is attached to professional communication between the legal advisors and their clients. Section 126 & section 128 elaborate s the circumstances under which legal advisors can give evidence of such professional communication.

Section 127 provides that interpreter's/clients servants of legal Advisors are restrained from disseminating any privileged matter.Section 129 says that when a legal advisors can be compelled to disclose the confidential communication which which has taken place between him and his client.

Section 129 of Evidence Act says that no Barrister, Attorneys, Pleader, or Vakil shall at anytime be permitted to disclose any communication made to him by or on behalf of his client. Any advice given by him to his client in the course and for the purpose of his engagement to state the content or conditions of any document with which he has been acquainted in the course and for the purpose of his engagement.

This sections does not protect from disclosure:
  1. Any communication made in furtherance of any Legal purpose
  2. Any fact observed in the course of employment when any crime or fraud has been committed since the commencement of relationship with the client.
This section is based upon the principle that if communication to a Legal advisor were not privileged,a man wouldn't be deterred from fully disclosing his case,so as to obtain professional aid in a manner in which he is likely to be thrown in to litigation.

Ref Ayasha B vs Peer Khan Sahib,AIR (1954) Madras 741
The privilege of a client and not of legal advisor, the Letter is there fore bound to claim the privilege unless it is waived by his client expressly under section 126 impledly under section 128 of Indian Evidence Act,1872. Ex - Examining the legal advisor as to the privileged communication.

Ref Wheeler vs Le Marchant analyzed Legal profession as manifestation of the principle protecting Legal advise and communication

Ref : Anderson vs Bank of British Columbia - The object and meaning of the Rule is to place unrestricted and unbound confidence on the professional agent and the communication so made to him should be kept secret unless with his consent that he should be enabled properly to conduct with his litigation. That is the meaning of the Rule.

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