The acts and communications of the lawyer with his/her client are protected by professional secrecy in all its forms of materialization, whether in writing, electronically, by telephone, telematically, verbally, through messaging applications, non-public social networks, among others.
Upon approval by the Full Council of the Brazilian Bar Association, the prerogatives of lawyers regularly enrolled in the Brazilian Bar Association, who work in public, private or parastatal companies, notably those who hold management and legal direction positions, have been definitively regulated.
Said Provision defines that the following activities are exclusive to lawyers regularly enrolled in the Brazilian Bar Association: consultancy, advisory, management, coordination, or any kind of legal direction in public or private companies, government-controlled private companies, associations, or foundations.
Another important and relevant definition concerns the legal security arising from the performance of the work exercised by lawyers – especially the inviolability of their workplace, whether open or reserved, in their office, business environment or residence, as well as their work instruments, their written, electronic, telephonic and telematic correspondence, in addition to the due confidentiality on all matters and communications object of the exercise of their profession.
The Provision makes it clear that the exercise of the legal profession by those holding legal positions and functions in companies materializes in any and all actions that refer to activities that are exclusive to the practice of law, such as the preparation of consultations, legal opinions or legal documents, whether in or out of court, even if the business or effects resulting from such acts are not effectively carried out. The acts and communications of the lawyer with his/her client are protected by professional confidentiality in all its forms of expression, whether written, electronic, telephonic, telematic, verbal, through messaging applications, non-public social networks, among others.
Finally, these determinations must be considered together with those set by the General Data Protection Law, the confidentiality between in-house and external lawyers of law firms, in data protection, secrecy, and confidentiality of legal matters involving the demands of companies in general.
