Legal and Ethical Grounds of Professional Secrecy of a Lawyer in Selected European Union Countries and in the United States of America

Paula Maria Białkowska

Faculty of Law and Administration, University of Lodz , Poland
https://orcid.org/0000-0002-4639-3001


Abstract

The subject of the article is professional secrecy in practicing the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union – taking into account a few exemplary countries. Its sources were described – both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive – the right to privacy – the article also includes some of its aspects related to confidentiality.

Keywords:

right to privacy, professional secrecy, confidentiality

Ariens, Michael S. “American legal ethics in an age of anxiety.” St. Mary’s Law Journal 40, no. 2 (2008): 343–454.
Brooks, James B. “Legal ethics.” The Yale Law Journal 19, no. 6 (1910): 1–10.
Center for Professional Responsibility. A legislative History: The Development of the ABA Rules of Professional Conduct 1982-2013. Chicago: American Bar Association Book Publishing, 2013.
Epstein, Edna S. The attorney-client privilege and the work-product doctrine. Chicago: American Bar Association Book Publishing, 2007.
Fried, Charles. “The lawyer as a friend: The moral foundations of the lawyer-client relation.” The Yale Law Journal 85 (1976): 1060–1066.
Koniak, Susan P. “The law between the Bar and the State.” North Carolina Law Review 70, no. 5 (1991): 1431–1432.
Krauland, Edward J., and Troy H. Cribb. “The attorney-client privilege in the United States. An age-old principle under modern pressure.” Symposium Issue of The Professional Lawyer 37 (2003): 2–15.
Luban, David. Legal ethics and human dignity. Cambridge: Cambridge University Press, 2007.
Pepper, Stephen. “The lawyer’s amoral ethical role: A defense, a problem, and some possibilities.” Legal Research Paper Series 11, no. 4 (1986): 613–617.
Macintyre, Alasdair. After virtue: A study in moral theory. 3rd ed. Notre Dame, Indian: University of Notre Dame Press, 1981.
Postema, Gerald J. “Moral Responsibility in Professional Ethics.” New York University Law Review 55 (1980): 77–82.
Simon, William H. The practice of justice: A theory of lawyer’s ethics. Cambridge: Harvard University Press, 1998.
Van Gerven, Dirk, ed. Professional secrecy of lawyers in Europe. Cambridge: Cambridge University Press, 2013.
Vischer, Robert K. “Legal advice as moral perspective.” Georgetown Journal of Legal Ethics 19, Issue 1 (2006): 225–229.
Wigmore, John H., and John T. McNaughton. Evidence in trials at common law. Boston: Little, Brown and Company, 1961.
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Published
2021-06-16


Białkowska, P. M. (2021). Legal and Ethical Grounds of Professional Secrecy of a Lawyer in Selected European Union Countries and in the United States of America. Review of European and Comparative Law, 45(2), 77–103. https://doi.org/10.31743/recl.11456

Paula Maria Białkowska  paula.maria.bialkowska@gmail.com
Faculty of Law and Administration, University of Lodz

Dr. Paula Maria Białkowska, Assistant Professor, Faculty of Law and Administration, University of Lodz; correspondence address: Romanowska 55 H, apartment no. 66, 91-174 Lodz, Poland; e-mail: pbialkowska@wpia.uni.lodz.pl; https://orcid.org/0000-0002-4639-3001.

https://orcid.org/0000-0002-4639-3001