Statement / Commonwealth Lawyers Statement on Legal Professional Privilege
The Commonwealth Lawyers Association (CLA) is aware that the Malaysian Bar is gravely concerned by reports that the Malaysian Anti‑Corruption Commission (“MACC”) has issued a notice summoning counsel representing a person under investigation. As the Malaysian Bar comments in its Press Release of 1st December 2025, this challenges the entitlement of lawyers to retain information provided in confidence by their clients in accordance with the well-recognised doctrine and principles of legal professional privilege.
The CLA considers that legal professional privilege is a fundamental cornerstone of the common law legal system and a vital component of the rule of law.
Legal professional privilege ensures open and honest communication between clients and their lawyers. This allows clients to seek advice about transactions or their interests and prepare for litigation without fear that their confidential discussions will be disclosed.
Legal professional privilege is vital for delivery of justice. It protects communications for legal advice and for litigation purposes. It sustains fair legal processes and upholds a fundamental right to candid advice.
A key reason why legal professional privilege is so important is that the existence of the privilege promotes candour. Clients are more likely to reveal all relevant, sometimes embarrassing or incriminating, information to their lawyer if they know it’s protected, enabling the lawyer to provide the best possible advice.
There can be statutory provisions relating to legal professional privilege. In Malaysia section 46 of the Malaysian Anti-Corruption Commission Act 2009 provides:
46. (1) Notwithstanding any other written law, a Judge of the High Court may, on application being made to him in relation to an investigation into any offence under this Act, order an advocate and solicitor to disclose information available to him in respect of any transaction or dealing relating to any property which is liable to seizure under this Act
Sub section 2 however provides:
(2) Nothing in subsection (1) shall require an advocate and solicitor to comply with any order under that subsection to the extent that such compliance would disclose any privileged information or communication which came to his knowledge for the purpose of any pending proceedings.”
The Malaysian Bar in its Statement confirmed that it stood ready to support or initiate appropriate legal action to uphold the rule of law, safeguard the integrity of legal representation, and defend the fundamental right to confidential legal advice.
The CLA wishes to support the Malaysian Bar in this stance and to promote more generally the importance for all Bars and Law Societies of protecting energetically the principle of and rationale for the maintenance of legal professional privilege.
As the Malaysian Bar states: Legal professional privilege is not a convenience — it is essential to an effective justice system.
Commonwealth Lawyers Association (CLA)
15th December 2025
NOTE TO EDITORS:
The Commonwealth Lawyers Association is an international non-profit organisation which exists to promote and maintain the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession, with the highest standards of ethics and integrity, serves the people of the Commonwealth. commonwealthlawyers.com
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