Dear Editor,
THE relationship between lawyer and client is so sacrosanct! The relationship is protected by both common law as well as legislation in some jurisdictions.
The confidentiality between lawyer and client cannot be waived – even when client has confessed of committing crime to his lawyer. The “lawyer-client” privilege is protected! It is the duty of the lawyer to represent his client. He cannot be witness against his own client regardless of the circumstances!
But then, the Financial Intelligence Centre (FIC) Act, requires lawyers to blow the whistle on his or her client if involved in “suspicious transactions.”
Simply put, the FIC requires a lawyer – as a reporting entity – to call FIC and report his client.
Does that make sense? “Ati I suspect my client is dealing in illegal business…” wouldn’t that be breach of the most protected relationship between “lawyer and client?” Reporting the client whom you have been retained to protect!
I am working on a thought provoking paper on this and in particular it will also form part of a class assignment.
Should lawyers be spilling beans on their clients under the guise of fighting “money laundering” and “illicit transactions”?
Where does it leave the “lawyer-client” privilege that is so sacrosanct?
Should a lawyer be punished for not “blowing the whistle” on his client for alleged suspicious transactions?
And who determines which transactions to be suspicious?
Food for thought as this area of jurisprudence opens up to more interesting developments…
Have your say!
DICKSON JERE.
