Privileges of Advocates : Supreme Court lays down the Law

Privileges of Advocates : Supreme Court lays down the Law

In a recent Judgment it has been made clear that practice of law includes litigation as well as work in nonlitigious matters including: giving of opinions, drafting,  participation in conferences and involving in legal discussions. 

Section 132 is a privilege conferred on the client, obliging an Advocate not to disclose any professional communications, made in confidence, which privilege, in the absence of the client can be invoked by the Advocate on behalf of the client.

The Advocate on whom there is an obligation of non-disclosure as per Section 132 of the BSA shall be one who is engaged in a litigation or in a non-litigious or a pre-litigation matter.

The In-house counsel would be entitled to the protection under Section 134 of BSA, 2023 insofar as any communication made to the legal advisor of his employer, which however, cannot be claimed for the communications between the employer and the In-house counsel.

Reference : IN RE: Summoning Advocates who give legal opinion or represent parties during investigation of cases and related issues. [2025] GCtR 1638 (SC)