While not identical to the concept of legal privilege found in common law countries, Dubai offers a framework for confidentiality and privacy in criminal defence. Here’s a breakdown of the key measures:
Confidentiality of Communications:
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Article 42 of the Advocacy Law: This article forms the backbone of confidentiality in criminal defence. It mandates lawyers to keep confidential all communications made in furtherance of their professional representation” of a client. This includes discussions, emails, and any information disclosed during the case.
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Code of Ethics: The Dubai Lawyers Code of Ethics further emphasizes the lawyer’s duty to maintain confidentiality. This applies to all information, regardless of whether the legal advice is related to a specific case or a general inquiry.
Exceptions to Confidentiality:
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Preventing Crime: Confidentiality can be breached if the lawyer believes the client’s actions pose an imminent threat to public safety or another person’s life. In such cases, the lawyer may be obligated to report the information to the authorities.
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Court Order: If a court issues a valid order compelling the disclosure of confidential information, the lawyer might be required to comply. However, they can still challenge the order in court to protect client confidentiality.
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Negligence or Misconduct: If the lawyer is accused of negligence or professional misconduct related to the case, the court might order the disclosure of relevant confidential information during disciplinary proceedings.
Client Responsibility:
While the lawyer has a primary duty to maintain confidentiality, clients also have a role to play. It’s crucial to be mindful of what information is disclosed in public settings or through electronic communication that might not be considered confidential.
Additional Considerations:
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Limited Scope: Confidentiality primarily applies to communications between the lawyer and the client. Information obtained from other sources, like witnesses, might not be covered by the same level of confidentiality.
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Sharing Information with Third Parties: In some cases, the lawyer might need to share information with investigators or experts working on the client’s behalf. However, this should only be done with the client’s informed consent and after ensuring the third party maintains confidentiality.
Conclusion:
Criminal lawyers in Dubai are governed by robust measures that prioritize confidentiality and privacy in criminal defence. Understanding and adhering to these measures are crucial for maintaining strong lawyer-client communication and building effective defence strategies. Clients should be mindful of their role in upholding confidentiality and seek guidance from their lawyers regarding any concerns in this regard.
