13.
| (1) Nothing contained in sections 4, 5, 6, 7 or 8 of this Act shall be construed as requiring a lawyer to disclose any privileged communication only if - |
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| (2)
| | (a) it is a confidential communication, whether oral or in writing, passing between -
| | | (i) a lawyer or legal advisor in his or her professional capacity and another barrister, solicitor, lawyer, attorney or legal advisor in such capacity ; or |
| (ii) a lawyer or legal advisor in his or her professional capacity and his or her client, whether made directly or indirectly through an agent of either ; and |
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| | (b) it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance ; and | | |
| | (c) it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or unlawful act. | | |
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| (3) Where the information consists wholly or partly of, or relates wholly or partly to receipts, payments, income, expenditure, or financial transactions of a person (whether a lawyer his or her client, or any other person), it shall not be a privileged communication if it is contained in, or comprises the whole or part of any book, account, statement or other record prepared or kept by the lawyer in connection with a trust account of the lawyer. |
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Sri Lanka Consolidated Acts