CCBE moves to protect confidences

The democratic rights of European citizens are threatened by proposals to limit lawyers confidentiality, the body representing Europes lawyers has warned.The policy statement by the Council of the Bars and Law Societies of Europe (CCBE) which represents the profession at EU level comes amid the controversy over a draft European money laundering directive.To help protect lawyers privilege, the European Parliaments legal affairs committee is backing a German proposal to exclude giving legal advice from the categories of activities in the directive requiring disclosure of money laundering suspicions.The CCBE statement said that in seeking the widest scope for lawyers obligations of professional confidentiality, it did not seek to defend illegal or criminal conduct by lawyers.Instead it supported the protection of confidentiality because we consider it to be of paramount importance to a democratic society that follows the system of justice.

It is a fundamental right of the citizen to be protected against any divulging of his communication with his lawyer.It is of the highest importance that political leadership in the EU accepts the need for unlimited protection of lawyers professional secrecy, and confidentiality obligations.Louise Delahunty, chairwoman of the Law Societys money laundering and serious fraud task force, said UK lawyers were used to confidentiality being breached by legislation stricter than that of other EU member states requiring them to report clients to institutions like the National Criminal Investigation Service.She said the Law Society had lobbied the European Parliament with the aim of protecting privilege, and added: Clients must believe they can speak freely, without danger of being reported to authorities.Jeremy Fleming