Under the common law, the attorney-client privilege is a testimonial privilege that protects from pre-trial discovery or use in a proceeding confidential communications (oral or written) between an attorney and their client made for the purpose of obtaining or providing legal advice. In civil law jurisdictions, which do not engage in broad pre-trial disclosures, issues of privilege and confidentiality over attorney-client communications arise less frequently, but are no less important to the practice of law. Some civil law jurisdictions do not recognize the privilege, but instead protect the information through professional ethics rules or otherwise. Differences in the law among both common law and civil law jurisdictions can be significant. Companies and their counsel should be aware of these differences and how they may affect legal proceedings.
The Lex Mundi Attorney-Client Privilege Guide details what constitutes ACP in over 65 common & civil law jurisdictions around the world. The guide covers Elements/Basics, Privilege in Corporations, Litigation Funding, Crime-Fraud Exception, Work Product Doctrine/Litigation Privilege and Other privileges, including accountant-client privilege, mediation privilege and settlement negotiation privilege.
It is the only complimentary guide available on the market that allows users to compare the law of privilege between and among common law and civil law jurisdictions in a side-by-side custom report.
The guide was created by Lex Mundi with the help of Jenner & Block LLP, Lex Mundi member firm for USA, Illinois.
Lex Mundi member firms have prepared comprehensive overviews for jurisdictions around the world. See why this series is a must for researching international markets and strategic business planning.