The right to privacy is, according to the volume of national and European jurisprudence that applies to it, one of the most complexed human rights. This is also the case when it comes to lawyer's privacy, except that the protection of the lawyer's privacy is little tougher.
Because of the very nature of the practice of the profession of lawyer, the right to privacy is crucial to them. It is the foundation for building an environment in which professional secrecy will be safeguarded, thus this is a prerequisite for building a trusting relationship between a lawyer and a client. Only then the conditions for the lawyer to be able to perform his work effectively will be fulfilled, since the client will only provide him with all the necessary information when he feels that he can trust his lawyer.
However, in order for this to be possible, the possibility of interfering with a lawyer's privacy must be minimized or limited only to the most urgent. This will happen when the legislature regulates the exceptions to the prohibition on interference with lawyer's privacy in such a restrictive and definite manner that the possibilities of arbitrary interference with it will approach zero.
A huge step in this direction was taken when the Constitutional Court adopted a decision, declaring certain provisions of the Criminal Procedure Act and the Law on Attorney's Office unconstitutional. The reason for this decision was mainly because the legislator did not regulate the possibility of interfering with lawyer's privacy sufficiently. In this way, it was possible to interfere excessively and even unjustifiably with the rights of individuals for whom there was no legitimate aim at justifying the interference.
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