In the paper authors present considerations regarding advocate’s right to defend himself in criminal and disciplinary proceedings in the context of the disclosure of legal professional privilege. The legal professional privilege is undoubtedly a primary and fundamental value from the point o view of the profession of advocate as the profession of public trust. Often enough, however, advocate’s obligation to keep in secret everything he learned while providing legal assistance is difficult to reconcile with realisation of his right of defence in criminal and disciplinary proceedings. The authors, trying to adequately clarify the analyzed problem, especially in the context of functioning orders and prohibitions based on the rules of professional deontology, also attempt to solve the indicated issue and propose to introduce a new clear solutions in this area for the appropriate realignment, not only the advocate’s performance of his right to defense, but also to ensure more effective protection of legal professional privilege.