SUMMONING LAWYERS FOR LEGAL ADVICE IS A THREAT TO THEIR AUTONOMY - SUPREME COURT OF INDIA
On June 25, 2025, a Supreme Court bench led by Justices KV Viswanathan and N Kotiswar Singh—and assisted by CJI BR Gavai—took suo motu cognisance after two senior advocates were summoned by the Enforcement Directorate over advice given to clients.
The Court expressed a prima facie view that allowing investigative and law enforcement agencies (like ED or police) to directly summon lawyers for client advice is legally untenable and constitutes a grave threat to the autonomy of the legal profession and judicial independence .
It emphasized that lawyers, bound by confidentiality and fiduciary duties, should not face coercive summonses concerning client communications—which could severely hamper justice delivery.
CAN INVESTIGATIVE AGENCIES DIRECTLY SUMMON A LAWYER STRICTLY ACTING IN THEIR PROFESSIONAL CAPACITY?
Supreme Court opinion upholds attorney–client privilege, which safeguards confidentiality unless specific exceptions (like advice to commit wrongdoing) apply .
The Supreme Court has taken a strong preliminary stand that summoning lawyers for legal advice is impermissible and threatens the core principles of justice and professional autonomy.
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V SECKAR FCS,LLB 79047 19295
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