In civil and administrative proceedings, under the Code of Civil Procedure and Code of Administrative Procedure, advocates and attorneys-at-law may refuse to give testimony or produce a document requested by a court or public authorities if doing so would expose them to infringing the obligation of confidentiality. If an attorney-at-law or an advocate decides to answer the question even though the information is protected under attorney-client privilege, the evidence from the testimony will be valid, but the attorney-at-law or advocate will face disciplinary liability.
In criminal proceedings, under the Code of Criminal Procedure, advocates and attorneys-at-law may be examined as to facts that are only subject to legal professional privilege when this is absolutely necessary in the interests of justice and the facts cannot be established by using any other measures of inquiry. These premises are interpreted narrowly. The same rule applies to documents that fall within the scope of the protection afforded by legal professional privilege.
According to the Advocate's Code of Ethics, all messages, communications, notes and documents concerning the case that were received from the client or other people, regardless of where they are located, are covered by attorney-client privilege.
Under the Attorney-at-law's Code of Ethics, privilege covers all documents created by the attorney-at-law as well as correspondence between the attorney-at-law and the client and persons involved in handling the case — created for purposes related to providing legal assistance.
Therefore, if notes of interviews were created by the advocate or attorney-at-law for the purposes of their work, they will be protected by privilege, especially if they are held by the advocate or attorney-at-law. Nevertheless, as described in section 3, privilege may not cover notes of interviews with employees and other documents if they were fully created by in-house lawyers.