Could a lawyer be disciplined in Italy for sharing client information without consent under professional secrecy rules?

Professional secrecy (segreto professionale) is a fundamental duty for Italian attorneys, defined by both the Code of Conduct for Lawyers (Codice Deontologico Forense) and the Penal Code. A breach can lead to severe disciplinary sanctions, such as suspension from practice, and criminal penalties, including imprisonment.

To address the situation, your colleague can file a disciplinary complaint (esposto) with the local Bar Council (Consiglio dell'Ordine degli Avvocati). While hiring a lawyer is not strictly mandatory to file a complaint, it is advisable for drafting a precise report and navigating potential criminal implications.

Definition of Professional Secrecy In Italian law, professional secrecy is not just a duty but a primary and fundamental right of the lawyer, essential for the client's trust and defense.

Scope: It covers all information provided by the client or known to the lawyer because of their mandate. It extends to the lawyer's employees and collaborators.

Legal Basis: Art. 13 and 28 of the Code of Conduct: Requires the lawyer to maintain secrecy on all activities performed and information received. It is unlimited in time, persisting even after the mandate ends.

Art. 622 of the Penal Code: Punishes anyone who, having knowledge of a secret by reason of their profession, reveals it without just cause or uses it for profit.

Penalties for Breach: Violating professional secrecy carries dual liability:

1. Disciplinary Sanctions The Code of Conduct imposes specific sanctions processed by the District Disciplinary Council (Consiglio Distrettuale di Disciplina - CDD):

Suspension: Unlike minor confidentiality breaches which may only result in censura, a breach of professional secrecy specifically triggers a suspension from practice for one to three years.

Aggravating Factors: Sanctions can be increased if the breach was intentional or caused significant damage to the client's image or interests.

2. Criminal Penalties Under Art. 622 of the Penal Code (Rivelazione di segreto professionale):

Penalty: Imprisonment for up to one year or a fine ranging from €30 to €516.

Conditions: The crime is punishable only if the revelation could cause harm (nocumento) and requires a formal complaint (querela) from the injured party (the client) to proceed.

Process to Report Suspected Violations The reporting process involves two potential avenues: disciplinary and criminal.

Disciplinary Complaint (Esposto)

Filing: The attorney or the client can file an esposto with the Consiglio dell'Ordine degli Avvocati (COA) where the accused lawyer is registered.

Format: It can be submitted via registered mail (PEC or paper) or simple written statement (carta libera). It should detail the facts, the specific information revealed, and the evidence available.

Procedure: The COA acts as a filter. If the claim is not manifestly unfounded, they transmit the file to the CDD, which conducts the investigation and trial.

Criminal Complaint (Querela)

If the breach caused harm, the client can also file a querela with the Public Prosecutor (Procura della Repubblica) within 3 months of discovering the fact. This is separate from the disciplinary track but often runs parallel.

Legal Representation and Colleganza While you can file an esposto personally, seeking legal representation is often strategic for two reasons:

Limited Role of Complainant: In the disciplinary proceeding, the complainant is not a formal party; they are merely a source of information and do not have the right to cross-examine witnesses or appeal the decision. A lawyer can help ensure the initial evidence is compelling enough to spur the CDD to action ex officio.

Duty of Warning (Art. 38): Italian ethical rules (Art. 38 CDF) generally require an attorney to warn a colleague in writing before initiating a judicial action against them, unless doing so would prejudice the right to be protected (e.g., risk of evidence destruction). While disciplinary complaints are administrative, interpreting this warning duty can be delicate. A legal representative can advise if a warning is necessary or if the prejudice exception applies to this specific secrecy breach.

Under Italian law, attorneys are strictly bound by professional secrecy obligations. This duty prohibits disclosing any client-related information obtained during or in connection with the professional mandate, even after the mandate ends.

Breaching this obligation may lead to:

• Criminal liability under Article 622 of the Italian Penal Code (punishable by up to 1 year imprisonment or a fine);

• Disciplinary action by the local Ordine degli Avvocati (which may lead to suspension or disbarment);

• Civil liability for damages caused to the client.

If you're suspecting a violation you may:

1. File a criminal complaint with the authorities (but I don't advise you to follow this way unless important and strictly reserved informations has been disclosed)

2. Submit a disciplinary report to Ordine degli Avvocati;

3. Start a civil claim for damages.