This policy articulates the rigorous fiduciary safeguards, statutory privileges, and procedural mechanisms enforced by Standing Lawyers to preserve client confidentiality, protect privileged communications, and resolve potential conflicts of interest. An advocate's duty of confidentiality is rooted in statutory mandate and professional ethics, superseding ordinary contractual covenants.
1. Inviolable professional duty of confidentiality
1.1 All communications, instructions, records, commercial data, and strategy disclosures received by Standing Lawyers in the course of professional practice are strictly confidential. This duty attaches to the fact of engagement, client identity where non-public, case documents, and unutilized research.
1.2 This duty of confidentiality is perpetual. It does not terminate upon conclusion of a matter, file closure, or cessation of the advocate-client relationship. It binds the proprietor, associate advocates, clerks, interns, and external consultants.
1.3 Client confidential information is utilized solely for prosecuting the specific mandate instructed. It is never deployed for the firm's commercial advantage or for the benefit of another client.
2. Statutory Legal Professional Privilege under Indian law
2.1 Communications between clients and advocates enjoy robust statutory protection under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced Section 126 of the Indian Evidence Act, 1872. Section 132 provides that no advocate shall at any time be permitted, without the client's express consent, to disclose any communication made in the course and for the purpose of professional service, nor state the contents or condition of any document observed, nor disclose advice rendered.
2.2 The Explanation to Section 132 explicitly confirms that the obligation of secrecy continues after the professional service has ceased. Sub-section (3) of Section 132 extends identical statutory protection to interpreters, clerks, and employees of the advocate. Section 134 of the same Act protects the client, establishing that no person shall be compelled to disclose confidential communications with their legal adviser unless the client offers themselves as a witness.
2.3 Statutory privilege is subject only to the narrow exceptions enacted in the proviso to Section 132: communications made in furtherance of any illegal purpose, or facts observed showing that a crime or fraud has been committed since the commencement of service.
2.4 Supreme Court of India judgment on advocate summons. In a landmark judgment delivered on 31 October 2025, the Supreme Court of India established binding procedural safeguards regarding the summoning of advocates by investigating agencies. The Court held that an investigating agency may not issue a summons to an advocate merely because they rendered a legal opinion or represented a client. Where an agency invokes a statutory exception, the summons must state specific facts and reasons, must obtain prior written approval from an officer not below the rank of Superintendent of Police, and remains subject to judicial challenge before the High Court. Documents and digital devices cannot be examined by investigating officers and must be produced directly before the jurisdictional court, which determines privilege claims following a hearing.
2.5 In the event that an authority approaches Standing Lawyers concerning a client's matter, the firm will assert statutory privilege immediately, require compliance with judicial safeguards, and notify the client unless legally prohibited.
3. Preservation of privilege in corporate communications
3.1 Statutory privilege attaches to communications with an advocate enrolled under the Advocates Act, 1961. The Supreme Court confirmed in the 31 October 2025 ruling that salaried in-house legal counsel do not enjoy Section 132 privilege for internal corporate communications because salaried employees are not advocates in independent practice. Communications between in-house counsel and independent external advocates do remain privileged.
3.2 To ensure corporate privilege is preserved, sensitive legal enquiries should involve Standing Lawyers directly, should be marked as Privileged and Confidential Legal Advice, and should be restricted to necessary personnel.
4. Permitted disclosures of confidential information
4.1 Confidential client information may be disclosed outside the firm strictly in the following circumstances:
- with the express written consent or instruction of the client;
- to external senior counsel, local advocates-on-record, or expert witnesses briefed on the client's matter, bound by equivalent confidentiality covenants;
- where compelled by order of a competent court, tribunal, or statutory regulator with authority over the firm, restricted to the precise extent mandated;
- where an exception to privilege under the proviso to Section 132 applies;
- where strictly necessary to defend the firm against professional misconduct allegations before the State Bar Council; or
- where reporting is mandatory under law and notification to the client is prohibited.
4.2 Where disclosure is compelled, the firm will notify the client beforehand wherever legally permissible, allowing the client to seek judicial relief.
5. Technical and administrative confidentiality measures
- Case files are segregated with access restricted to instructed advocates;
- Privileged documents are watermarked to prevent inadvertent inclusion in court bundles;
- Case materials are exchanged via encrypted channels agreed with the client;
- Third-party consultants execute non-disclosure covenants prior to receiving case data; and
- Artificial intelligence tools are deployed strictly under the zero-training covenants stipulated in Clause 4.6 of our Data Protection Policy.
6. Identification and management of conflicts of interest
6.1 Classification of conflicts
6.1.1 A conflict of interest may be direct, where the firm is requested to act against an existing client or where two clients hold opposing interests in the same matter. A conflict may be indirect, where confidential data held for one client would materially impact another client's dispute.
6.1.2 A conflict may also arise between a client's interest and the firm's own financial or personal interests. Any material interest is disclosed immediately, and where significant, the firm declines to act.
6.2 Conflict checking protocols
6.2.1 Prior to accepting any new retainer, the firm audits proposed client names, adverse parties, and connected entities against active and historic matter databases.
6.2.2 Conflict checks are repeated upon the joinder of new parties, corporate restructurings, or material shifts in dispute posture.
6.2.3 Enquiring parties must provide full adverse party names at the outset to enable conflict verification.
6.3 Procedures upon identifying a conflict
6.3.1 Where a conflict is identified at the outset, the matter is declined immediately. Where confidentiality restricts explanation, we communicate that we are professionally precluded from acting.
6.3.2 Where a conflict emerges mid-matter, work is halted immediately and the firm withdraws in a manner protecting both clients' interests.
6.3.3 The firm does not proceed based on conflict waivers where either client remains exposed to confidentiality risks.
6.4 Characteristic conflicts in debt recovery and insolvency
6.4.1 Debt recovery casework generates distinct conflict profiles:
- conflicts between creditors and corporate debtors whom the firm has represented previously;
- conflicts between co-creditors competing for limited distribution pools in insolvency; and
- conflicts between debt assignees and the liquidation estates that assigned the underlying claims.
6.4.2 The firm audits all co-creditor, guarantor, and assignee relationships prior to accepting debt recovery instructions.
6.5 Co-clients and joint retainers
6.5.1 Where several clients instruct the firm jointly, information provided by one is accessible to all co-clients. If co-client interests diverge, the firm may be required to withdraw from representing all co-clients.
6.6 Former clients
6.6.1 Confidential information obtained from a former client permanently bars the firm from acting against that party in connected matters, irrespective of elapsed time.
7. Reporting of confidentiality violations
7.1 Any suspected breach of confidentiality must be reported to the Grievance Officer immediately under our Data Protection Policy. Violations constitute professional misconduct reportable to the Bar Council of Rajasthan.
Effect, review and contact
A This Confidentiality and Conflict of Interest Policy takes effect on 11 October 2026 and supersedes every earlier version published on this website. The version published on this page constitutes the operative regulatory instrument at any given point in time.
B Standing Lawyers reviews this Confidentiality and Conflict of Interest Policy at least annually, and forthwith upon any amendment to applicable statutes, subordinate rules, regulatory notifications, or firm operational systems. Where an amendment is material, formal notice shall be published on this page, and where the amendment concerns personal data in respect of which contact particulars are maintained, direct notification shall be transmitted.
C All formal communications, statutory notices, and grievances arising out of or in connection with this Confidentiality and Conflict of Interest Policy must be addressed to work@standinglawyers.com, marked for the attention of the Grievance Officer where the communication constitutes a formal complaint.
