Lawyer client relationship and the latest legislative changes on the obligation to report money laundering (Albania)

Abstract

While money laundering continues to remain a big problem for Albania due to its link to corruption, organized crime, potential terrorist threats and the continuing informality of the Albanian economy, the latest legislative changes in this regard to the law on the legal profession in Albania interfere with the individual’s constitutional and Convention right to a defense lawyer and the lawyer-client privilege. This article tries to examine the conditions that necessitated such legislative changes, the proportionality of the interference on the lawyer-client relationship and its impact on individual’s right to a defense lawyer. The article tries to analyze and weight the importance of the special fiduciary relationship between the lawyer and his client vis à vis state’s interest in the fight against money laundering. This paper tends to address the scope of the lawyer-client privilege and a lawyer’s duty of confidentiality of communications with his client; the circumstances under which a lawyer is legally required to report suspicions on his client’s involvement in money laundering activities; the position of the lawyer in case he files a money laundering report against his client; whether the lawyer should inform his client on the report; whether the changes on the law on the legal profession affect the lawyer-client relationship in terms of protecting privileged or otherwise confidential communications; whether there are any guidelines/rules of professional conduct on the steps a lawyer has to follow in order to fulfill his obligation to report money laundering activities; whether the interference justified and whether the legal provisions in force offer sufficient guaranties for the protection of privileged information or the confidentiality of communications.