The obligation to observe secrecy and the right to refuse to give evidence on the part of the lawyer
Confidentiality in the relationship between lawyer and client is considered essential in order to properly fulfill the role of the lawyer in the administration of justice. In the Netherlands, that confidentiality is safeguarded by the lawyer's obligation to observe secrecy and, as a corollary, the right to refuse to give evidence. The latter is the lawyer's right to be able to maintain his obligation to observe secrecy with regard to his client towards everyone, including the judge. In her research, Nathalie Fanoy evaluated how the obligation to observe secrecy and the right to refuse to give evidence are regulated in the Dutch legal system. She also looked at whether exceptions and restrictions are permissible, and if so, under what conditions.
N.A.M.E.C. Fanoy: De geheimhoudingsplicht en het verschoningsrecht van de advocaat.
Prof. F.A.W. Bannier
Dr A.E. Oderkerk
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Aula - Oude Lutherse kerk
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