Client confidentiality needs stronger protection during interception
Client confidentiality is protected even when a lawyer and client call is incidentally intercepted by the police. In its order of 10 October 2025 in case No. 1-24-7248/21, the Supreme Court of Estonia explained that lawyer and client communication has special protection in the administration of justice.
The case concerned a complaint by attorneys-at-law Sander Potisepp, Küllike Namm and Kristiina Urb-Semjonov. During a criminal investigation, the police intercepted the telephone calls of one person, and the recordings also captured conversations with lawyers. The lawyers argued that this violated their privacy and the protection of client confidentiality.
The Supreme Court found that if it is clear from an intercepted call that legal services are being provided, the lawyer must be notified of the surveillance measure. The Court also emphasised that confidentiality does not cover only the content of the call. The mere fact that a person contacted a lawyer is already protected.
The judgment is important for everyone who uses legal assistance in criminal proceedings. If a person cannot be certain that what they discuss with their lawyer remains protected, this harms trust between lawyer and client and, more broadly, fair trial rights.