The Doctrine of Lawyer’s Professional Secrecy: Nature, Standards of Protection, and Issues of Application in Civil Proceedings

This article analyses the scope and limitations of legal professional secrecy in the context of the right to a fair trial and the proper administration of justice. It argues that lawyer–client privilege is a fundamental safeguard of the rule of law, enabling open communication and effective legal representation. The privilege covers communications related to legal advice or representation, regardless of form or procedural stage. The European Court of Human Rights and the Court of Justice of the European Union recognise it as an essential element of Article 6 ECHR, while emphasising that it is not absolute and may be limited only where justified by law, a legitimate aim and proportionality. Comparative practice shows that several jurisdictions, including European states and the United States, provide limited exceptions to confidentiality, such as lawyer self-defence, prevention of serious harm, or client waiver. The article further examines the Lithuanian legal framework, concluding that its strict approach to professional secrecy raises proportionality concerns and may conflict with Article 6 ECHR standards. It proposes clearly defined statutory exceptions permitting limited disclosure under judicial control, thereby balancing client protection with the requirements of justice and fair proceedings.