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The lawyer brought in letters to a client who was in custody with restrictions. Now he is being fined for a “very serious” violation of good legal practice – but will not be disbarred, reports Dagens Juridik.
It all came to light when the client, in the presence of detention staff, opened an envelope with the law firm’s logo, which turned out to contain handwritten letters from the man’s family.
According to the lawyer, he saw it as a “safe way” to bring in “harmless” letters to his client. He admitted at the same time that it was not the first time, but says he believed that everything handed in to the inmates is carefully scrutinized.
However, this is not the case when it comes to attorney posts. On the contrary, a fundamental rule of the so-called one-room privilege – which gives a person deprived of liberty the right to consult with his lawyer without state supervision – is that the lawyer’s mail may not be opened.
The Bar Association initiated a disciplinary case against the lawyer, who is now punished with a warning and the highest possible penalty, SEK 50,000, for a “very serious” violation of good legal ethics.
The disciplinary committee calls it “very remarkable” that the lawyer lacks knowledge of such basic rules. He avoids exclusion as, according to the board, he has acted out of ignorance rather than intent to circumvent restrictions.