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FAQ

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What is the scope of attorney privilege?

Any information acquired by advocates or legal advisers in connection with advising a client (including in relation to the conduct of his case) is protected by attorney privilege. In particular, this concerns case files.

However, the above rule applies only to documents belonging to advocates or legal advisers. Documents drafted by lawyers enjoy no legal protection under Polish law upon their receipt by the client. Clients are therefore advised, once they have read opinions or other documents containing confidential information, to file them in such manner that they can be clearly identified as belonging to their attorneys.

Neither an advocate nor a legal adviser can give testimony as a witness in respect of his knowledge of his clients’ cases. However, the attorney’s privilege of an advocate or legal adviser may be waived by the court in circumstances laid down strictly by law. The lawyers in our firm are loyal to the traditional interpretation of attorney’s privilege and give absolute priority to upholding the trust clients have placed in them.

There are also provisions that require attorneys to provide certain information to relevant bodies, for example provisions designed to counter money laundering.