Challenges Around Legal Privilege and Professional Secrecy in Netherlands
Understand the challenges related to legal privilege and professional secrecy in the Netherlands, including obligations under the Lawyers' Act and Criminal Procedure laws. Explore the implications of confidentiality breaches and exceptions, such as in disciplinary investigations, with insights on specific threats like the Marengo trial and the lawyer's role in fact-finding.
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Presentation Transcript
challenges around legal privilege and professional secrecy Jacqueline Schaap (co) dean of the Amsterdam Bar
Law and code of conduct Netherlands Section 11a Lawyers' Act To the extent not otherwise provided by law, an attorney at law is bound to secrecy with regard to everything he learns of by virtue of practicing his profession as such. The same obligation applies to employees and staff of the attorney at law, as well as any other persons involved in the professional practice. Article 272 Criminal Procedure He who willfully violates any secret which he knows or should reasonably suspect that he is obliged to keep by virtue of office, profession or statutory regulation or by virtue of former office or profession, shall be punished with imprisonment of not more than one year or a fine of the fourth category. Rule of conduct 29 lawyers cannot invoke the duty of confidentiality against the dean in a (disciplinary) investigation
Law and code of conduct Netherlands (2) Article 165 Criminal Procedure: 1. Anyone, summoned by law, shall be obliged to give evidence. 2.From this obligation may excused: [..] b. those who are sworn to secrecy by reason of their office, profession or employment in respect of anything entrusted to them in that capacity. Article 218 Criminal procedure: Persons who by reason of their status, their profession or their office are under an obligation of secrecy may also refrain from giving evidence or answering certain questions, but only in respect of matters which have been entrusted to them as such.
Two specific threats: 1. Marengo trial; subversion of the rule of law 2. fact-finding and the lawyer's role and position in this
