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HomeMalaysia NewsLawyer Claims Attempted Search by Malaysian Authorities Violated Legal Professional Privilege :...

Lawyer Claims Attempted Search by Malaysian Authorities Violated Legal Professional Privilege : Report

A lawyer in Malaysia has alleged that an attempted search by local authorities violated legal professional privilege. The attorney contends that this action raises concerns about the protection of confidential client information. This incident highlights the importance of upholding legal rights and maintaining the confidentiality of attorney-client communications in Malaysia’s legal system.

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Lawyer Chetan Lachman Jethwani has asserted that the recent attempt by the Malaysian Anti-Corruption Commission (MACC) and Inland Revenue Board (LHDN) to obtain information from his law firm, Chetan Jethwani & Company, constitutes a breach of legal professional privilege, is unlawful, and undermines the rule of law. The incident occurred when MACC and LHDN officers attempted to search and seize documents from the law firm.

Jethwani argued that the actions of the officers were unlawful and indiscriminate, lacking compliance with the relevant legal provisions outlined in the MACC Act 2009 and the Income Tax Act 1967. After an initial attempt, the officers returned and issued an order for document production and an order to appear for a statement at the MACC’s office in Putrajaya.
The order for document production specifically targeted a client file containing information protected by legal professional privilege. Jethwani asserted this privilege during the statement recording process.

Legal professional privilege is characterized as a fundamental right safeguarding confidential information exchanged between a solicitor and their client. This privilege allows clients to freely seek legal advice with confidence and plays a vital role in the just administration of justice.

Jethwani emphasized his duty as an advocate and solicitor to protect and defend this privilege and expressed readiness to take legal action against any party that portrays a false or misleading image that may harm his reputation or his clients.