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Student Teacher Interaction: Debating Attorney-Client Privilege
Last Modified:  2011-07-31 15:30:52
When discussing a lawyer's duty of confidentiality to their clients, I emphasised that: the role of lawyers is limited by the law, a lawyer's duty of confidentiality to their client is mandated by the law; a lawyer's actions in one country are not necessarily legal in another country. Citing legal practise in other countries as grounds for defence in the lawyer's own country is of absolutely no real benefit to the lawsuit.

Thus, we certainly cannot believe that there is a common standard for a lawyer's duty to maintain client confidentiality. Article 48 of China's Criminal Procedure Law states that all those who have knowledge about a case have the duty to testify. At the very least, from the text and the surrounding articles we can see that the defendant's lawyer is not exempt from the duty to testify.

Thus how much room is there for "the special privileges between the defendant and his lawyer" in China? This firstly is an issue of legal interpretation, and not one of analysing the law on an academic level. After the lesson, students wrote essays on their own opinions of these questions. Below is the best essay.

Wang Yuning: Unfair Contest – Considerations of the Issues Involved when China's Courts call Defence Attorneys as Witnesses (Chinese)