Do you have a concept of legal privilege in your jurisdiction which applies to lawyer-led investigations? If so, please provide details on the extent of that protection.

Bribery & Corruption

India Small Flag India

Lawyer-led investigations are unknown to Indian law. While the accused is at liberty to seek legal advice and exercise appropriate legal remedy, the accused cannot be allowed a lawyer-led investigation. The Evidence Act, 1872 however recognizes certain communications between an attorney and a client as privileged. Such privileged communication cannot be used as evidence during the course of a trial.

Angola Small Flag Angola

In Angola there are no statutory instruments governing lawyer-led investigations but under Article 65.1 of the Statutes of the Angolan Bar Association, lawyers are obliged not to disclose any information regarding facts related to professional matters which have come to their knowledge through the exercise of their profession that have been revealed by their clients or ordered by these.

As for the criminal procedural framework, lawyers are not obliged either to make statements or to testify, under Article 217.1 of the Angolan Criminal Procedure Code, in relation to the same facts as the ones mentioned above.

The same goes for civil procedural laws, under Articles 616 and 618.1, e) of the Angolan Civil Procedure Law, approved by Decree-Law no. 44129, 1 January 1963, as amended by Law no. 26/15, 23 October 2015.

The legal privilege includes documents or other things related directly or indirectly with the facts subject to privilege.

Portugal Small Flag Portugal

Lawyer-led investigations are not regulated in Portuguese law, nor are they done in practice. However, to the Bar Association Statute, attorney-client privilege covers all facts that are known in virtue of the offering of legal services.

Updated: April 10, 2018