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Limits of Legal Obligation of Attorney's Confidentiality in Criminal Proceedings
Svoboda, Petr ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Limits of Legal Obligation of Attorney`s Confidentiality in Criminal Proceedings Abstract The legal obligation of attorney's confidentiality imposed by the law is currently not only mentioned in professional discussions. However, the increased attention paid to this institute does not support it. There is a growing belief that it is being misused for the benefit of an attorney or for concealing criminal and other delict activity, resulting in increased pressure from the state to violate confidentiality obligations. This manifests itself in systematic or individual attempts to break it, or it leads to refusal of protection of the confidential relationship between an attorney and his client, which is a prerequisite for providing legal assistance. The thesis describes in detail the meaning and purpose of the institute of attorney's duty of confidentiality and its position in the legal order. Its attention is focused especially on the area of the criminal law in which it is most threatened and therefore the application and protection of this institute in criminal proceedings is analyzed in detail. In order that the meaning of the above-mentioned provisions of the Code of Criminal Procedure can be concisely clarified, this is done in the thesis primarily from the practical point of view. For this purpose, the...
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Selected aspects of attorney's duty of confidentiality
Lhotáková, Františka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Selected aspects of attorney's duty of confidentiality Abstract One of the attorney's most important duties is the commitment to maintain the confidentiality of information he or she has learned while providing legal services. However, it is not a lawyer's privilege but a commitment to protect the rights and legitimate interests of his or her clients. The duty of confidentiality may be waived exclusively by the client or his legal successor of the client. Restrictions or breaches of this obligation should occur exceptionally, only in defined cases. In recent years, the effort of the legislators and other entities to disclose this duty of confidentiality can be noticed in the Czech Republic. The overall purpose of this thesis is to analyse the legal regulation of attorney's confidentiality in the Czech Republic. This thesis focuses mainly on the regulation contained in the Czech Law of Advocacy, in the relevant provisions of the Czech Criminal Procedure Code and in the professional regulations of the Czech Bar Association. The first two chapters of this thesis are rather of general nature. A significant part is devoted to explanation of the notion of confidentiality, its meaning and its material and personal scope. The third chapter discusses legal exceptions when breaching of attorney's confidentiality is...
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Securing instruments and investigative means in relation to attorney's duty of confidentiality
Turnhöfer, Michal ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The present thesis addresses the issue of obtaining and gathering information in criminal proceedings which is subject to attorney-client privilege, and its subsequent use in criminal proceedings. The issue is rather complex, as de lege lata there is no comprehensive legal regulation addressing it in a satisfactory manner. The objective of the thesis is to find legally correct and fair solutions in respect of the protection of the attorney-client privilege, on the one hand, and the societal need to obtain and gather evidence effectively for the purposes of criminal proceedings, on the other hand. The thesis provides a general description of the attorney-client privilege and legal assistance, on which the attorney-client privilege is based, and it also contains specific application problems encountered in connection with the use of means of obtaining evidence and gathering criminal intelligence pursuant to the Criminal Procedure Code. Such application problems are dealt with using methods of analysis, synthesis, analogy, comparison, with the results being generalized. Last but not least, the thesis provides an outline and comparison of the relation between the attorney-client privilege and other professional privileges, focussing on the options of obtaining different types of information. The author...
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Limitations of professional liability in relation to the professions of auditor, tax adviser and accountant with regard to the duty of confidentiality
Belšánová, Ivana ; Molín, Jan (advisor) ; Králíček, Vladimír (referee)
The thesis "Limitations of professional liability in relation to the professions of auditor, tax adviser and accountant with regard to the duty of confidentiality" focuses on a more detailed elaboration of the selected specific segment of professional liability of the given professions, on the legal and ethical obligations in the field of confidentiality and the possibility of its breaking. The introductory part of the thesis deals with confidentiality in terms of historical development and its importance in the present. Further, it outlines the area of moral and ethical responsibility, legal liability in general, and confidentiality as a specific duty. The concept of confidentiality of the professions of auditors, tax advisers and accountants represents the core of the presented work. The duty of confidentiality of the profession of auditors is significantly influenced by the public interest in the presented information in the form of opinion on the financial statements of the audited entities, and thus the possibilities of the legally supported breaking of this obligation are the most extensive, as evidenced by the amendment to the Act on Auditors, effective from 1 October 2016. The duty of confidentiality of the tax adviser has until recently been strictly defined on a legal basis. The change was brought by the Supreme Court's case law in November 2015, which by comparing the principally equivalent conditions for the exercise of legal liability in the area of confidentiality of the tax adviser and attorney, also deduces the similarities of competencies of both professions in cases of breaking the confidentiality. The accounting profession is not regulated by law, and therefore the confidentiality obligation is also not legally enforceable. However, professional certified accountants are required to comply with the Code of Conduct issued by the Professional Chamber. The final part of the thesis focuses on comparing the duty of confidentiality of the selected professions of auditors, tax advisers and professional accountants with the attorney-at-law profession.
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The lawyer and the client - mutual rights and obligations
Výprachtická, Šárka ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The thesis is focused on the internal relationship between the lawyer and the client. Although this topic was already processed many times, I believe that, in particular, in the context of the current case law and the amendment of certain provisions, this work may contribute to the better understanding of this topic. The thesis is systematically divided into six chapters. In the first chapter, there is outlined the nature of this relationship and stressed out the importance of mutual trust. To further break down the individual rights and obligations in detail, it is necessary to outline the formation of the relationship between solicitor and client first. It is important to note that the specific obligations imposed on lawyer legislation even before the formation of the legal relationship. Under the conditions described in the first chapter, the lawyer has a duty to refuse to provide legal services to the client, which can be considered as the pre-contractual obligation. Attorney has an obligation, although there is still no relationship between them. Considering the entire work, the second and third chapters are the most important ones. In the second chapter I push the reciprocal rights and obligations in the context of their legal arrangements, both legal and underpinned, and the professional and...
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The lawyer - the client
Paštěková, Tereza ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the relation of an advocate and a client. The paper is divided into two parts. The first part generally focuses on the relation between an advocate and a client. This part is composed of four chapters. Chapter one attempts to define basic terminology used in this paper, such as advocacy, client and advocate. Then the history of advocacy from ancient Rome is outlined in brief as well as legislation of advocacy. Chapter two looks at various ways of formation of the relation between an advocate and a client, it focuses on the most common way - a contract about providing legal services. Chapter three is one of the crucial chapters of this paper and concentrates on chosen rights and obligations of an advocate towards a client and vice versa, rights and obligations of a client towards an advocate. The last chapter of the first part explicates the termination of the relation between an advocate and a client. The second part of the thesis is more specific, final 18 pages deal with one of the most signifiant obligations of an advocate - obligation of secrecy. This part is subdivided into four sections which present the following: extent of the obligation, breaking of the obligation including analysis of particular regulations of related laws, for example Criminal Code or Tax Code. The...
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