ARTICLE · 01 NOVEMBER 2021

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Global Attorney-Client Privilege Guide

Ganado Advocates

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This overview is provided by Ganado, the Lex Mundi member firm for Malta.

MaltaLitigation, Mediation & Arbitration

Louis Cassar Pullicino

Antoine Cremona

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This overview is provided by Ganado, the Lex Mundi member firm for Malta.

Attorney-Client/Solicitor-Client Privilege (ACP)

Is the ACP recognized in your jurisdiction?

Yes.

ACP arises from two particular provisions in the code relating to civil procedure and that relating to criminal procedure. As shall be explained, these provisions establish quite clearly that the information obtained by a lawyer in professional confidence (as qualified below) is privileged and the advocate may not disclose that information or be compelled by the court to do so, without the client's consent.

It is considered that ACP arises where the lawyer is rendering legal services in connection with litigation, but some provisions in the law extend to circumstances where legal services are rendered in connection with non-contentious matters. ¹

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