BASL condemns attempts by authorities to breach attorney-client confidentiality

Colombo, May 22 (Daily Mirror) - The Bar Association of Sri Lanka (BASL) expressed deep concern over recent reports indicating attempts by Law Enforcement Agencies and Prosecuting Authorities to obtain information from Attorneys-at-Law related to their professional duties.

The BASL issued this statement in the wake of a news report regarding a verbal request made by the Colombo Crimes Division (CCD) to an Attorney-at-Law, asking him to surrender his mobile phone. On this occasion, the BASL emphasised to the Acting IGP, that a mobile phone or any electronic device belonging to an Attorney-at-Law, containing personal and professional information, should not be seized by the police without a proper court order.

In a public statement, the BASL emphasised that legal practitioners are bound by strict professional obligations of confidentiality when acting on the lawful instructions of their clients. These obligations are firmly rooted in the Supreme Court Rules and the Evidence Ordinance, which prohibit the disclosure of privileged communications without the client’s consent or unless specifically required by law.

The BASL stated that any attempts by authorities to compel legal professionals to make statements concerning their professional duties are inappropriate and risk violating fundamental ethical standards. 

"Such actions compromise the independence of the legal profession and undermine the role of lawyers in the administration of justice," the BASL stated.

Further, the BASL warned that this form of interference threatens the Rule of Law and infringes upon the constitutional protections guaranteed under Article 14(1)(g) of the Constitution, which applies to all citizens, including Attorneys-at-Law.

The BASL reiterated that legal professionals must be able to perform their duties without fear or undue restriction, in accordance with the law and professional regulations. Any limitation imposed on their ability to represent clients, the BASL cautioned, would hinder citizens’ right to proper and effective access to justice, an essential pillar of any fair legal system.

The BASL’s statement, dated May 22, 2025, was signed by its President, Rajeev Amarasuriya and Secretary, Chathura Galhena.