Attorney-Client Privilege

The zone of privacy Attorney-client privilege is just that – a privilege. In Anglo-American jurisprudence, it’s a firmly established principle that protects attorney-client communications from disclosure to any third party, including government agencies. But its application is not absolute. Even in the European Union, where attorney-client privilege can be traced to the Roman Republic, the European Court of Justice recently ruled in Akzo Nobel Chemicals Ltd v. Commission that in EU competition law investigations, the protection does not apply to legal advice given by in-house counsel. With varying levels of attorney-client privilege around the world, it’s more important than ever for multinational companies to pay attention to these rules in every jurisdiction they do business.

 

Global Attorney-Client Privilege Handbook

In today’s global market, litigation and arbitration often spans multiple jurisdictions, making it increasingly difficult for businesses to know which attorney-client information is protected from disclosure and who the rules protect. In the US, for example, attorney-client privilege extends to all lawyers, including in-house counsel. But under EU law, it does not. In China, regulators can compel lawyers to disclose confidential client communications. In Brazil, they need a court order first. This handbook provides a roadmap for navigating these rules in 39 countries around the world. In an easy-to-read format, the authors explain what types of communication are protected, whether in-house counsel communications are included, how to avoid losing the privilege and whether government officials can compel disclosure in investigations and prosecutions. To request a complimentary copy, please fill out this form.

 

An electronic copy of Baker & McKenzie's Global Attorney-Client Privilege Handbook is now available. Order an electronic copy of our popular handbook.

 

Other Resources

 

• New Guidance on Privilege in Internal Investigations
• U.S. Search Warrant Standard Checklist
• EU Dawn Raids Standard Checklist
• Quick Reference Guide - Privilege Around the World
• Guidance on Disclosure and Privilege for Non-Legal Staff
• Legal Privilege Under EU Competition Law: ECJ Confirms That In-house Communications not Covered
• Legal Privilege After Akzo: Some FAQs
• Attorney-Client Privilege and Employee Issues
• Audio webcast: Do not circulate! Protecting legal privilege
• Legal Privilege: How to Obtain and Retain It
• Privilege: A Global Perspective
• Legal privilege under EU competition law: Inhouse communications not covered, says Advocate General

Webinars and Seminars

We will be conducting webinars beginning early-September 2011. Information about the webinars will be posted here on August 17. In the meantime, if you're interested in receiving an invitation directly to your inbox, please click here to submit your contact information. Anyone who submits an order for a book will automatically receive an invitation.

 

Contacts

Michael Wagner   Partner T + 1 312 861 2965  V-Card	Mini vandePol Partner  T + 61 3 9617 4248     V-Card