No barrister, attorney, pleader or vakil, shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment :

Provided that nothing in this section shall protect from disclosure -

(1)

any such communication made in furtherance of any [illegal] [Substituted by Act 18 of 1872, Section 10, for "criminal ".] purpose ;

(2)

any fact observed by barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.

It is immaterial whether the attention of such barrister, [pleader] [Inserted by Act 18 of 1872, Section 10.], attorney or vakil was or was not directed to such fact by or on behalf or his client.

Explanation. - The obligation stated in this section continues after the employment has ceased.

Illustrations

(a) A, a client, says to B, an attorney - "I have committed forgery and I wish you to defend me ".

(b) A, a client, says to B, an attorney - "I wish to obtain possession of property by the use of a forged deed on which I request you to sue."

(c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B observes that an entry has been made in A's account-book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.