Disciplinary liability of attorney-at-law for breach professional secrecy

Abstract

In this research paper, the issue of disciplinary liability for breach of professional secrecy of attorney-at-law will be presented. The concept of the above ethical norm will be shown in a narrow way to the profession of attorney-at-law and the rules functioning on the basis of the Code of Ethics of Attorney-at-law and selected statutory regulations relating to this issue. This subject is fundamental issue for the activity of attorney-at-law, setting boundaries for their scope of operation and for the protection of rights of the subject of a legal action. Shaping the mechanisms of disciplinary responsibility is a guarantee of the proper performance of its functions by The National Bar of Attorneys-at-Law, which is an important part of the entire legal system in Poland and motivates an exhaustive analysis. Moreover this issue goes back to the primary aspects of the existence of disciplinary proceedings, i.e. the basis of attorney-at-law’s liability under professional ethical principles. The formation of mechanisms for the functioning of professional secrecy is guarantee of the above assumption and therefore deserves an exhaustive analysis. The above article will also point out the operation of troublesome discrepancies in the regulations on professional secrecy of attorney-at-law and liability for its violation.