Lex Mundi Global Attorney-Client Privilege Guide |
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Lebanon |
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(Middle East)
Firm
Moghaizel Law Office
Contributors
Fadi Moghaizel |
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| Is the ACP recognized in your jurisdiction? | Article 92 of the law governing the legal profession in Lebanon prohibits any disclosure of confidential information that an attorney would learn in the context of his/her profession even if he/she no longer represents the client (except if the client sues the attorney and to the extent needed by the attorney for his/her defense). In addition, attorneys may not act as witnesses against a client in a dispute in which the attorney represented such client, whether now or in the past. Article 4 of the Lawyers’ Code of Ethics adds that attorneys and their staff must strictly abide by their professional secrecy obligation. |
| If the ACP is not recognized in your jurisdiction, are there rules of professional confidentiality or other rules that would enable a lawyer or a client to withhold attorney-client communications or work product prepared by counsel from disclosure... | See response to "Is the ACP recognized in your jurisdiction?". |
| Is a distinction made in applying the ACP or professional confidentiality rules in civil and criminal proceedings? May government authorities require disclosure of attorney-client communications and legal work product? | There is no such distinction and government authorities may not require disclosure of attorney-client communications and legal work products. |
| In the corporate context, what test is applied to determine who within a corporation is considered the client for the purposes of the ACP? (e.g., in the U.S.: the Upjohn approach, control group test, etc.) | In the corporate context, the lawyer’s obligation/duty is towards the company itself as a juridical person, and not towards employees of a company, individuals who manage the company or those who sit on its Board of Directors. Therefore, a lawyer cannot breach attorney/client privilege unless authorized explicitly to do so by the concerned company’s legal representative. |
| Is in-house counsel expected to meet a higher burden than outside counsel in order to establish that privilege applies to in-house counsel’s communications? | There are no separate rules that apply to in-house counsel. Thus, the previous answer applies. |
| Civil Law Jurisdictions: May in-house counsel assert privilege or professional confidentiality? | In-house lawyers registered with the Bar would be subject to the same obligations mentioned under question A above. If they are not registered with the Bar, they would be subject to the rules applicable to employees and consultants, i.e., a general professional confidentiality duty. The breach of the professional secrecy duty is punished by imprisonment and fines. Article 579 of the Lebanese Criminal Code states “A person who by his position, employment, profession or art has knowledge of a secret and discloses it without a legitimate cause or uses it for his own interest or the interest of another person shall be punished by imprisonment of up to one year and a fine not exceeding 400,000 Lebanese pounds if his action causes harm, including moral harm”. |
| Civil Law Jurisdictions: Is in-house counsel allowed to be active members of your jurisdiction’s bar? | Yes, in-house counsels are allowed to register with the Bar and to become active members thereof. |
| Is the common interest doctrine recognized in your jurisdiction? | No, the common interest doctrine is not recognized in Lebanon. |
| How is the doctrine articulated in your jurisdiction? | Not applicable. |
| Must a common interest agreement be in writing? | Not applicable. |
| Is litigation funding permitted in your jurisdiction? Are there any professional rules in this respect? | Under Lebanese law, there is no concept of private funders that sponsor lawsuits before Lebanese courts. However, if a party cannot pay the court’s fees and the attorney’s fees, that party may apply for legal aid. |
| Have the courts in your jurisdiction addressed whether communications with litigation funders may be protected by the ACP or the work-product protection | Not applicable. |
| Is the crime-fraud exception recognized in your jurisdiction? | No, the crime-fraud exception is not recognized in Lebanon. |
| What statutes or key court decisions articulate the crime-fraud exception in your jurisdiction? | Not applicable. |
| Is there a statute or rule that protects information obtained or prepared in anticipation of litigation from disclosure in legal proceedings? (In the U.S.: What state rule is your jurisdiction’s analog to FRCP 26(b)(3)?) | No, there are no such statutes or rules in Lebanon. |
| What are the elements of the protection in your jurisdiction? | Not applicable. |
| Does your jurisdiction recognize an accountant-client privilege? | Yes, subject to several exceptions such as legal requirements, regulatory authorities’ requirements, and audit requirements. |
| Does your jurisdiction recognize a mediation privilege? | Mediation is not regulated by law in Lebanon. The answer would depend on the mediation rules agreed upon by the parties and whether such rules provide for any such privilege. |
| Does your jurisdiction recognize a settlement negotiation privilege? | Article 81 of the Bylaws of the Beirut Bar Association states that, in the context of a dispute, attorneys may not use private correspondence and discussions exchanged between them and other lawyers, except with the authorization of such other lawyers. Such prohibition applies to settlement negotiations too. |
Lex Mundi Global Attorney-Client Privilege Guide
Article 92 of the law governing the legal profession in Lebanon prohibits any disclosure of confidential information that an attorney would learn in the context of his/her profession even if he/she no longer represents the client (except if the client sues the attorney and to the extent needed by the attorney for his/her defense). In addition, attorneys may not act as witnesses against a client in a dispute in which the attorney represented such client, whether now or in the past. Article 4 of the Lawyers’ Code of Ethics adds that attorneys and their staff must strictly abide by their professional secrecy obligation.
See response to "Is the ACP recognized in your jurisdiction?".
There is no such distinction and government authorities may not require disclosure of attorney-client communications and legal work products.
In the corporate context, the lawyer’s obligation/duty is towards the company itself as a juridical person, and not towards employees of a company, individuals who manage the company or those who sit on its Board of Directors. Therefore, a lawyer cannot breach attorney/client privilege unless authorized explicitly to do so by the concerned company’s legal representative.
There are no separate rules that apply to in-house counsel. Thus, the previous answer applies.
In-house lawyers registered with the Bar would be subject to the same obligations mentioned under question A above. If they are not registered with the Bar, they would be subject to the rules applicable to employees and consultants, i.e., a general professional confidentiality duty. The breach of the professional secrecy duty is punished by imprisonment and fines. Article 579 of the Lebanese Criminal Code states “A person who by his position, employment, profession or art has knowledge of a secret and discloses it without a legitimate cause or uses it for his own interest or the interest of another person shall be punished by imprisonment of up to one year and a fine not exceeding 400,000 Lebanese pounds if his action causes harm, including moral harm”.
Yes, in-house counsels are allowed to register with the Bar and to become active members thereof.
No, the common interest doctrine is not recognized in Lebanon.
Not applicable.
Not applicable.
Under Lebanese law, there is no concept of private funders that sponsor lawsuits before Lebanese courts. However, if a party cannot pay the court’s fees and the attorney’s fees, that party may apply for legal aid.
Not applicable.
No, the crime-fraud exception is not recognized in Lebanon.
Not applicable.
No, there are no such statutes or rules in Lebanon.
Not applicable.
Yes, subject to several exceptions such as legal requirements, regulatory authorities’ requirements, and audit requirements.
Mediation is not regulated by law in Lebanon. The answer would depend on the mediation rules agreed upon by the parties and whether such rules provide for any such privilege.
Article 81 of the Bylaws of the Beirut Bar Association states that, in the context of a dispute, attorneys may not use private correspondence and discussions exchanged between them and other lawyers, except with the authorization of such other lawyers. Such prohibition applies to settlement negotiations too.