Not unexpectedly, 
Portugal’s lawyers fiercely have opposed the new law that compels them to shop their clients, if suspected of money-laundering or being involved in the funding of terrorists.
The Lisbon Regional Council of the Bar Association, which represents half of total number of Portugal’s lawyers, is unanimous in its rejection of the new law.
Stating that the new rules are “incompatible with the practice of the profession,” the Lisbon lawyers say the law, "calls into question free and independent advocacy, but above all, citizens' right to access to law and justice, which will only truly exist if lawyers are not subject to a permanent duty to systematically communicating the activities of their clients to the investigating and financial control authorities."
The Lisbon council unanimously decided to "reaffirm its commitment to upholding the rights, freedoms and guarantees of citizens and the values of free and independent advocacy."
President of the lawyers' council, António Jaime Martins, stressed that, unlike auditors and accountants - who have the duty to disclose to judicial and tax authorities the transactions which they undertake at the request of their clients - lawyers are entitled "to safeguard, in any circumstance, the duty of secrecy."
The lawyers accuse the State of confusing the role of lawyers with that of the judicial system by wanting to force lawyers to report any suspicions they might harbour about their own clients.
"The criminal police and the Public Prosecutor's Office have the duty to investigate and prosecute, lawyers are responsible for defending the citizens from unfair and disproportionate imputations," state the lawyers’ association.
The lawyers also state that that it is up to them to identify situations in which they "are, or are not, forced to communicate the sensitive information about their clients - and such situations must be defined precisely with the Bar Association and its members."
The Lisbon lawyers suggest that "with the competent authorities, clear adjustments must be made to this new law" and that a working group needs to be set up within the Bar Association to monitor law enforcement on a permanent basis with a view to safeguard professional secrecy.
See also: 'Lawyers forced to report clients they suspect of money laundering'
