The MACC and other enforcement agencies must respect a lawyer’s duty to not divulge privileged documents and information of his or her clients, the Malaysian Bar said.

Criminal Law Committee co-chairperson Vivekananda Sukumaran said this is especially critical in situations where the anti-graft watchdog arrests lawyers over professional work done for clients.

He said enforcement agencies must remember that a counsel has a sacrosanct duty to safeguard a client’s privileged information.

He reminded MACC and other investigative bodies that even when detained, lawyers must not be denied their own right to counsel.

“In light of recent arrests of lawyers due to them performing their professional duties to their clients, MACC must respect these legal practitioners’ duty to not reveal confidential documents and information of their clients.

“While we are grateful to enforcement agencies performing their duty to investigate, they must not go overboard and try to compel detained lawyers to break their solemn oaths to their clients,” Vivekananda told Malaysiakini.

He explained that lawyers facing these issues can turn to the Bar’s recently established task force to address the matter.

“Members of the Bar can submit details about arrests or investigations by enforcement agencies,” Vivekananda said about the task force headed by him and committee co-chairperson Ravi Chandran Subash Chandran.

Vivekananda said the task force would assess the complaint lodged by lawyers and consider the next step to address the issue.

“Among the possible steps are to arrange meetings with the relevant enforcement agency heads, to appear in related court proceedings as amicus curiae (friend of the court), or to assist in any potential challenge in court against the said agency,” he said.

On June 11, Lawyers for Liberty condemned the alleged arrest and intimidation of two lawyers acting for a client in a property dispute.

Respect legal privilege, right to representation, Bar tells MACC

Respect legal privilege, right to representation, Bar tells MACC

No interference in the right of legal representation, says MACC

No interference in the right of legal representation, says MACC

LETTER | Access to justice fundamental human right

LETTER | Access to justice fundamental human right