The laws of Bangladesh do not use the terminology of “Attorney-Client Privilege (ACP)” but recognize the principle.  Professional Communication is protected both under the Evidence Act, 1872 and under the cannons of Professional Conduct and the Rules framed by the Bangladesh Bar Council.

[1] Professional Communication is protected under the laws of Bangladesh. According to Section 126 of the Evidence Act, 1872: 

“No Advocate shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such Advocate by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment:

Provided that nothing in this section shall protect from disclosure–
(1) any such communication made in furtherance of any illegal purpose:
(2) any fact observed by any Advocate, in the course of his employment as such, showing that any crime of fraud has been committed since the commencement of his employment.
It is immaterial whether the attention of such Advocate was or was not directed to such fact by or on behalf of his client.”

This rule is also applicable for interpreters, clerks or servants of advocates.

Notes: 

[1] This question is directed primarily to civil law jurisdictions that do not recognize common law jurisdictions’ privilege doctrines.

Pursuant to Section 126 of the Evidence Act, 1872, the professional confidentiality rules are equally applicable for civil and criminal proceedings. However, the section provides an exception to the confidentiality rules for any communication that is made in furtherance of any illegal purposes. Therefore, the laws allow the government authorities to seek disclosure of confidential communications if necessary to stop the furtherance of any illegal purpose.

Furthermore, the Prevention of Money Laundering Act, 2012 and the Money Laundering Prevention Rules, 2013 requires lawyers to report any suspicious transaction, information or confidential information to the Anti-Corruption Commission or/and the Bangladesh Financial Intelligence Unit (BFIU) of the Central Bank of Bangladesh.

There is no such specific test that determines who within the corporation is considered as the client. However, as a matter of business practice, the Managing Director is considered as the person who has “substantial powers of management” within the company. Moreover, this depends on the terms decided by the companies in the Articles of Association.

There are no specific rules in the laws of Bangladesh regarding attorney-client privilege for in house legal counsel. As per the Code of Criminal Procedure, 1898, the definition of “advocate”, includes “advocate or mukhtar authorized under any law for the time being in force to practice in any such Court”. Therefore, in a strict sense, an in house legal counsel is not considered as an advocate unless s/he is authorized to practice in the courts of Bangladesh.  Therefore, it is still uncertain whether the in house counsel has the same duty as advocates in relation to attorney-client privileges.

In house counsels may be bound by non-disclosure clauses in the employment agreement, in which case, they may assert communication privilege and/or professional confidentiality. 

Although, there is no express prohibition or embargo on in-house counsels to be practicing as licensed members of the bar, according to Rule 70 of the Legal Practitioners and Bar Council Rules, 1972, an advocate may suspend their license if he/she intends to discontinue their practice in order to join any other profession. Even though Rule 70 is an optional provision of the law, the general practice has been to treat in-house counsels as in-active members of the bar.

No, the common interest doctrine is not recognized by the laws of Bangladesh. According to the Evidence Act, 1872, an advocate may disclose confidential information of the client only if it is waived by the client or when the communication is in relation to the furtherance of a crime.

N/A

N/A

Litigation funding is not recognized in Bangladesh. Only legal aid is permitted by the laws of Bangladesh. The Constitution of Bangladesh guarantees “equal protection of law”.  The Legal Aid Services Act, 2000 (“Act”) and Legal Aid Services Policy 2014 are the primary act and rules in relation to legal aid in the laws of Bangladesh. According to the Act, legal aid is only applicable to the litigants who are incapable of seeking justice due to financial insolvency, destitution, helplessness and for various socio-economic.

The Bangladesh National Legal Aid Services Organisation (NLASO) has been established under the Act, which is a statutory body created to provide and maintain legal aid fund that is allocated by the government for the litigants upon their application.  
 

There are no specific provisions or rules with regards to the protection of communication with litigation funders, or legal aid officers, in the context of Bangladesh. The litigants are represented by advocates in the court, who are bound by the Client Attorney Privilege as specified in Section 126 of the Evidence Act, 1872.

The crime-fraud exception is recognized by the laws of Bangladesh. As stated earlier, The Evidence Act, 1872 specifies that an advocate may disclose confidential information of the client only if it is waived by the client or when the communication is in relation to the furtherance of a crime. 

Moreover, the Prevention of Money Laundering Act, 2012 and the Money Laundering Prevention Rules, 2013 requires lawyers to report any suspicious transaction, information or confidential information to the Anti-Corruption Commission or/and the Bangladesh Financial Intelligence Unit (BFIU) of the Central Bank of Bangladesh.
 

Section 126 of the Evidence Act, 1872 specifies the crime-fraud exception in the laws of Bangladesh. Furthermore, the key laws in relation to money laundering highlight the crime-fraud exception. These are:

• The Prevention of Money Laundering Act, 2012
• Anti-Terrorism Act, 2009
• Anti-Corruption Commission Act, 2004
• Anti-Corruption Commission Rules, 2007
• The Money Laundering Prevention Rules, 2013
• Anti-Terrorism Rules, 2013

The laws which particularly address client-attorney privilege of lawyers are the Prevention of Money Laundering Act, 2012 and the Money Laundering Prevention Rules, 2013.

No, there is no specific statutory provision that directly deals with the protection of information obtained or prepared in anticipation of litigation in legal proceedings.

N/A

The laws of Bangladesh recognize an accountant-client privilege. The Institute of Chartered Accountants of Bangladesh (ICAB) is the national professional accounting body in Bangladesh, established under the Bangladesh Chartered Accountants Order, 1973 (President’s Order No.2 of 1973) to regulate the profession of accountants and for matters connected therewith. The Code of Ethics for Professional Accountants (“Code”) formulated by the International Ethics Standards Board for Accountants is adopted by ICAB for professional accountants in Bangladesh. According to Section 140 of the Code, 

“The principle of confidentiality imposes an obligation on all professional accountants to refrain from: (a) Disclosing outside the firm or employing organization confidential information acquired as a result of professional and business relationships without proper and specific authority or unless there is a legal or professional right or duty to disclose; and (b) Using confidential information acquired as a result of professional and business relationships to their personal advantage or the advantage of third parties.”
 

The laws of Bangladesh do not have a specific provision in relation to mediation privilege, and it is generally governed by the contract between the parties. However, one of the prominent alternative dispute resolution centre in Bangladesh is the Bangladesh International Arbitration Centre (BIAC). BIAC is a government licensed non-profit organisation that deals with arbitration and mediation. According to Rule 16 of BIAC Mediation Rules, 2014. 

“Confidentiality and Disclosure-

1. Mediation is a private and confidential process. 
2. The Mediator, the parties, their representatives’ experts, advisors and any other persons who accompany the parties to the Mediation shall keep confidential and shall not disclose to any non-party any information, documents, and communications that are created, disclosed, received, or made available in connection with the Mediation except:
   1. with the parties’ written consent;
   2. when ordered to do so by a court of competent jurisdiction or otherwise required to do so by law;
   3. when the information or documents disclose an actual or potential threat to human life or damage to property;
   4. where any report or summary is required to be prepared by the Mediator;
   5. where the information is, or the documents are, otherwise available to the public.

3. Confidentiality also extends to the settlement agreement, except where its disclosure is necessary for implementation or enforcement.
4. Nothing that transpires during the course of the mediation is intended to or shall in any way affect the rights or prejudice the position of the parties to the dispute in any subsequent litigation or other dispute resolution process.
5. The parties have the option to produce any document they wish; the 

Mediator shall not have the power to compel the disclosure of any document. The Mediator may keep copies of documents, but not the originals, during mediation”.

There is no specific provision that deals with settlement negotiation privilege. It is governed by the contract between the parties.