Attorney-client privilege in Spain: limits and exceptions : Lexiel

# Attorney-Client Privilege in Spain

Constitutional and Ethical Basis

Attorney-client privilege is a cornerstone of the rule of law in Spain. It is anchored in Article 24 of the Spanish Constitution (right to effective judicial protection and defense) and Article 18 (right to privacy). The General Statute of the Spanish Bar (EGAE 2021) codifies it as a non-waivable duty: lawyers must maintain confidentiality of all information obtained through professional activities.

This obligation is perpetual and active: it does not end when the engagement ends, and the lawyer must actively protect information from third parties, including illegitimate judicial demands.

Scope of the Privilege

The privilege covers:

Client communications (written, oral, digital)
Documents provided by the client
Defense strategy
Client identity in certain contexts
Third-party information obtained in practice

It does not cover the client's identity when the lawyer acts as a mere conduit for illegal operations, nor facts the client has made public.

Exceptions and Legal Tensions

Anti-Money Laundering (Law 10/2010)

AML directives impose due diligence and suspicious transaction reporting obligations on lawyers. However, the EGAE 2021 establishes that these obligations do not apply to information obtained in the context of legal defense or litigation advice, a position upheld by the CJEU (26/06/2007, Ordre des barreaux).

Tension arises in transactional advisory services where the lawyer acts as a business advisor rather than a defender.

Court and Police Orders

Spanish procedure allows lawyers to assert privilege before the requesting authority and appeal through Article 263 LOPJ. Searches of law offices require specific judicial authorization and the presence of the Bar Dean.

Consequences of Breach

Violating privilege can result in disciplinary sanctions (up to permanent disbarment), criminal liability (Article 199 CP, up to 3 years), civil liability for damages, and exclusión of evidence obtained in violation of privilege.

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