The Supreme Court’s ruling clarifies that attorney-client privilege under the Bharatiya Sakshya Adhiniyam, 2023 applies only to independent advocates, not in-house counsel. As salaried employees lacking professional independence, in-house lawyers’ communications with employers are not privileged, exposing internal legal advice to disclosure. Companies must therefore route sensitive matters through external counsel to ensure statutory confidentiality.
The article was authored by Padmaja Kaul, Partner; Kushagra Sah, Senior Associate; and Vansh Bhutani, Associate, and was published in Lexology.
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Padmaja is a proficient legal practitioner with extensive and diverse experience of over 13 years in corporate commercial laws and dispute resolution, specializing in commercial litigation, arbitration, white collar crime, employment disputes, insolvency and pre-dispute advisory.