Legal Professional Privilege for in-house counsel in France may become a reality next week when one of the two chambers of the French Parliament – Assemblée Nationale – considers a legislative package known as the “Justice Bill.”
Earlier in June, the French Senate, the other chamber of the Parliament, adopted an amendment to the Justice Bill that would extend legal professional privilege (LPP) to in-house counsel advice (“consultations”) on commercial and civil law matters. Under the current proposal, advice concerning criminal and tax law matters would be excluded.
ACC has long advocated that in-house counsel globally should enjoy LPP for the legal advice they provide to their internal clients. Last year ACC Deputy General Counsel Veronica Pastor spoke with Laure Lavorel, Senior Assistant General Counsel at Broadcom and then-president of Cercle Montesquieu, about how the lack of LPP works to the detriment of French companies competing in the international business environment.
ACC is closely monitoring the developments in France and will keep ACC members informed. In the meantime, the following resources provide additional information on the state of LPP for in-house counsel globally.
Learn More
Read the draft law
Click here to view the draft amendment voted by the French Senate (in French)
Below is an (unofficial) English translation of the draft amendment:
"If they hold a Master degree in law, or an equivalent French or foreign degree, and that they prove attendance of initial and continued education on professional ethics, in-house counsel benefit, except for criminal and tax matters, from the confidentiality of their legal consultations effectuating their mission of implementing compliance."
"These education/trainings are in conformity with a reference defined by a joint decision of the Minister of Justice and the Economy Minister, upon proposal by a commission whose composition and rules of operation are set by decree."
Check news articles on the topic (in French)
La confidentialité des avis des juristes d’entreprise est plus que jamais primordiale selon l’AFJE, by Arnaud Dumourier, in Le Monde du Droit (June 16, 2023)
Legal Privilege à la française: Un rêve en passe de devenir réalité, by A. Dorange, Village de la Justice (June 2023)
Get the global perspective
Explore the Privileged Conversations series in the ACC Docket:
The Rise of Independence Agreements/El Auge de los Acuerdos de Independencia/La Montée des Accords d’Indépendence (May 9, 2023)
Lack of In-house Privilege Hurts Business Competition in France / Le manque de legal privilege nuit à la concurrence des entreprises françaises (March 30, 2022)
Spain Affirms Legal Privilege for In-house Counsel / España afirma el secreto profesional para los abogados de empresa (29 April 29, 2021).
Ruling in US Facebook Case Clarifies Attorney-Client Privilege and Work Product Doctrine (April 1st, 2021).
The Future of In-house Attorney-Client Privilege (January 13, 2021)
Netherlands Court Affirms In-house Privilege (March 10, 2021)