Providing free civic counseling by attorney-at-law
or advocate vs. lawyer-client privilege and avoiding conflict of interest Cover Image

Świadczenie nieodpłatnego poradnictwa obywatelskiego przez radcę prawnego lub adwokata a obowiązek zachowania tajemnicy zawodowej i unikania konfliktu interesów
Providing free civic counseling by attorney-at-law or advocate vs. lawyer-client privilege and avoiding conflict of interest

Author(s): Dawid Daniluk
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: attorney-client privilege; free legal assistance; free civic counselling; ethics; constitution

Summary/Abstract: The Act on Free Legal Aid, Free Civic Counselling and Legal Education, amended in 2018, provides for a new form of assistance for citizens – free civic counseling. The article is an attempt to answer three research questions. Firstly, what is the connection between legal advice and civic counseling, and whether legal advice is a part of civic counseling? Secondly, is the person providing free civic counseling (adviser) obliged to keep in secret all information that he or she has learned over the course of his or her duties? Thirdly, is that possible that an adviser who is at the same time an attorney-at-law violates lawyer-client privilege or puts himself or herself into a conflict of interest, because of performing duties resulting from the Act on Free Legal Aid, Free Civic Counselling and Legal Education and the Ordinance of the Minister of Justice?

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 29-40
  • Page Count: 12
  • Language: Polish