ACC Europe

Litigation: Attorney-Client Privilege in Some Countries Doesn't Exist

Posted: Jun 14, 2010

Excerpt from Inside Counsel

Advocate general: There is no attorney-client privilege for in-house counsel under EU law

The attorney-client privilege is part of the foundation on which the edifice of legal practice in the U.S. is built. Under U.S. law, communications with in-house lawyers are accorded the protection of the privilege in the same manner as communications with outside counsel (though there is often a greater burden on an in-house lawyer in invoking the privilege than there is on an outside lawyer).

The situation in the European Union is quite different.

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The author, David Zaslowsky, is a partner in the New York office of Baker & McKenzie.

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