Greece: Attorney – Client Privilege In The Global Context: Practical Guidance For In-House Counsel

Last Updated: 9 November 2018
Article by Katerina Christodoulou

General Comments Under Greek Law

The attorney-client privilege is a fundamental principle in Greek legislation and it is protected by a number of legal provisions. It is protected by the Greek Constitution, the Attorney's Code of Conduct, the Code of Civil Procedure, as well as the Criminal Code and the Code of Criminal Procedure. The privilege derives from a special relationship of trust between the client and the lawyer and it survives the termination of the attorney-client relationship as well as the client's death.

Statutory provisions

The basic provisions dealing with the protection of the attorney-client privilege are the following:

  • Attorney's Code of Conduct: Under article 5 of the Attorney's Code, a lawyer, during the performance of his duties, must keep confidential whatever information has been entrusted to him by the client or whatever comes to his knowledge in the course of the practice of the profession of lawyer. Also, according to article 38 of the same Code, lawyers should keep in confidence anything entrusted to them by their clients at the time of their engagement as well as in the course of the execution of their clients' mandate or while dealing with their clients' cases. Furthermore, article 39 prohibits the search and seizure of documents in a lawyer's possession and also prohibits the lawyer from testifying in court about information his client entrusted to him regardless of whether the attorney-client relationship has been terminated.
  • Code of Civil Procedure: In Civil Procedure rules, the attorney-client privilege plays an important role in the non-disclosure of documents requested by a party in the course of a litigation. All persons who have an ex lege obligation to keep professional secrets are excluded from the duty to testify about the facts that were entrusted to them or they became aware of during the exercise of their profession relating to those communications having a duty of confidentiality. In this context, the attorney-client privilege under Greek law only covers communications, legal advice and internal legal reports exchanged between the lawyer (as well as his/her associates and assistants) and the client, and it does not extend to the correspondence or exchanges of information between the client's lawyer or to the client itself with a third party, such as, for example, insurers.

    Furthermore, Article 401 of CPC provides that "lawyers [and] their assistants and persons who advise litigant parties" have "the right to refuse to be examined, when called as witnesses" in relation to "facts that they have acquired knowledge of during the course of their profession". Therefore, in case documents or information is privileged, it cannot be disclosed to the other party of litigation proceedings or to the Court because the main purpose of the Greek legislation is to protect the relationship of trust which is inherent between certain service providers or professionals and the persons who request their help and their special services.
  • Criminal Code: The Criminal Code states that lawyers to whom confidential information is entrusted due to their profession are punished with imprisonment or financial penalties payment should they disclose confidential information entrusted to them or that came to their knowledge by reason of their profession.
  • Code of Criminal Procedure: The attorney-client privilege applies both to civil and criminal cases. Lawyers cannot testify about information their clients entrusted to them and this prohibition exists even if the client who entrusted such information allowed the lawyer to disclose such information to the court. It rests with the lawyer's judgment, however, if he will testify about facts he became aware of during the exercise of his duties.

Scope of protection and nature of communication

As mentioned above, the attorney-client privilege derives from the special relationship of trust between the attorney and the client. In general, it has a wide and broad scope of protection, as it covers all aspects of communications between the lawyer and the client regarding their professional relationship. Therefore, the provision of information and any advice should take place only in case a professional relationship between the two parties (a client and a lawyer) is previously created and the privilege only covers information acquired by the lawyer as professional. So, the professional capacity of the lawyer and a professional relationship is required.

In-house counsel and the attorney-client privilege

The legal professional privilege protection applies equally to the communications with in-house counsel although there is no specific legislation on the matter. This statement is supported by the fact that the Attorney's Code of Conduct does not distinguish between in-house counsel and independent lawyers (external lawyers). Thus all communications held within the scope of the professional relationship of attorney-client are regarded as privileged. However, that in case of in-house counsel attorney-client privilege protection applies only to the extent the communication with the company is covered by the privilege, i.e. constitutes provision of legal services (for example, the privilege does not cover cases where the attorney may participate on administrative decisions, or acts in another capacity).

Waiver and limitations of the attorney-client privilege

The attorney-client privilege is in general in favor of the party who entrusts information to his lawyer, meaning in favor of the client. Because of this, Greek Courts often state that only the client can raise an objection to the attorney's testimony in court, and no objection can be raised by the other litigant. As a result of the above, waiver of the privilege can be made by the client's consent.

Regarding the limits of the attorney-client privilege, the privilege is subject, despite its broad power, to certain limitations set by legislation. Any exceptions to the rule of privilege are specifically described by provisions of law. One important limit is set out by anti-money laundering legislation, which provides the provision of legal services is subject to the protection of the attorney-client privilege unless the lawyer himself participates in money-laundering transactions or his legal advice is provided to the client with the aim of executing such crimes.

Originally published by Ally Law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions