A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
(Full Story)
Search This Blog
Back to 500BC.
==========================
Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Thursday, August 10, 2017
The Urgent Need To Publicly Clarify “Client-Professional Privilege”
The
myths surrounding client – professional privilege appears in some
uncommon instances, even to convince professionals that they must
support a client to misinterpret, misrepresent, window dress, conceal
and even falsify or cover up frauds, forgeries, acts of bribery and
corruption, other criminal offenses, and accordingly be non transparent
in their professional actions, reports/documentation and presentations
developed by the professionals. (Example: A legal professional who
attests and registers a deed for the acquisition or lease of land or
property in the name of a third party other than the real owner, without
validating the source and means of the registered owner to acquire same
and thus assist in the concealment of the true identity of the real
owner).
President,
Bar Association of Sri Lanka,
Dear Sir,
The Urgent Need to Publicly Clarify “Client-Professional Privilege ” and Associated Legal Liability of Professionals
It
appears that there is a significant knowledge gap in the understanding
by Professionals of “client-professional privilege”, especially its
definition, scope, extent of application, exemptions, limitations and
essential risk mitigation steps to be adopted by professionals.
There
appears to be a further knowledge gap in regard to the legal liability
associated with the breach of such professional privilege by
professionals in practice and employment; and how such issues arising
during the course of the day to day practice of professionals are to be
best managed, protecting the interests of all connected direct and
indirect stakeholders, including the law enforcement and regulatory
authorities.
There
appears to be many instances of misinterpretation of
client–professional privilege concept, with such misinterpretations
being expanded to include instances:
-where
a professional is required as a part of his/her professional duty to
report (example: an auditor required to report to members of the entity
who appointed him), or
– where reporting to the law enforcement authorities and regulators are required under statute or promulgated regulations, or
-where
required in terms of professional codes of conduct and ethics in
reporting to the clients, superiors, relevant professional institutes,
law enforcement authorities, (example: Codes of Conduct issued by the
relevant Professional Institution dealing with member accountability in
instances of non compliance with laws and regulations -NOCLAR),or
-where required to do so by the conscience or moral commitments of the professionals,
In
the above instances professionals believe that they are compelled by
client –professional privilege from taking appropriate response action
as required, in the belief that in such every instance they will be in
breach of client-professional privilege commitments in taking the due
process forward.
The
myths surrounding client – professional privilege appears in some
uncommon instances, even to convince professionals that they must
support a client to misinterpret, misrepresent, window dress, conceal
and even falsify or cover up frauds, forgeries, acts of bribery and
corruption, other criminal offenses, and accordingly be non transparent
in their professional actions, reports/documentation and presentations
developed by the professionals. (Example: A legal professional who
attests and registers a deed for the acquisition or lease of land or
property in the name of a third party other than the real owner, without
validating the source and means of the registered owner to acquire same
and thus assist in the concealment of the true identity of the real
owner).
In
such instances as described above, and other instances where a
professional concerned is a direct or indirect accessory or associated
with the carrying out, window dressing or concealment of a criminal act,
such professionals cannot take the position that owing to the
client-professional privilege restrictions applying to professionals,
he/she was helpless, innocent and remains protected and exempted from
reporting the crime to the authorities.
In
the context of the above, I appeal to you and the Bar Association of
Sri Lanka, in a joint initiative with the other Professional Bodies
copied in this letter, to review the positions as set out herein before
and to take early steps to Publicly Clarify “Client-Professional
Privilege ” and Associated Legal Liability of Professionals.
Yours Sincerely,
Chandra Jayaratne