The Professional Secret, Confidentiality and Legal Profession ...

information.
This legislation does not apply to barristers
and advocates, since their function is solely that of adviser
and/or advocate. It has been possible, so far, to preserve
a fair distinction between information communicated to the
solicitor qua legal adviser, and information communicated to
him in another capacity. But Wealth Taxes (recently introduced
in Ireland, and proposed in the UK) present serious problems
since the solicitor may be in possession of information as to
his client's wealth, not because he has acted as his agent,
but because he has been consulted as legal adviser. The
Incorporated Law Society of Ireland have taken a stand against
the government of Ireland on this matter. The proposed
legislation has not yet been published in the UK.
1. For example, in the UK - Taxes Management
Act 1970, Sec.13; Finance Act 1972 (VAT),
secs. 30-39; Finance Act 1975 (Capital
Transfer Tax), Schedule 4.
40. Interception of letters and wire-tapping in the UK (not Ireland)
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were considered by a Committee of Privy Councillors in 1957.1
The Committee was set up because information, obtained through
tapping the telephone of an English barrister who was suspected
of criminal activities, was communicated by the Home Secretary
to the Bar Council and the Benchers of the Inn of Court to which
he belonged (i.e. to his professional disciplinary authorities).
The .decision to do so was criticised by the Committee, but the
question of whether tapping a barrister's telephone was
objectionable as an interference with legal professional
privilege does not appear even to have been considered.
1. The Report is Cmnd.283.
41. The law of Denmark is like UK law in that violation of
professional /
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