Right to evidence v/ Solicitor-client privilege

The right to evidence must not suppress the professional secrecy of confidential exchanges between lawyers, nor that of third-party clients of the plaintiff in civil proceedings.

An amendment to the Code of Civil Procedure is needed to better protect attorney-client privilege in the context of civil investigations ordered at a lawyer's office.

Commentary on Civ.^1ère, Dec. 6, 2023, no. 22-19.285

https://www.labase-lextenso.fr/gazette-du-palais/GPL464g7

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Notebooks of justice

Carnets de Justice
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Lawyer. Attorney-client privilege. Enforceability of attorney-client privilege. Attorney-client privilege. Rights of the defense. Confidentiality of in-house counsel's opinions.

22/10/2024

Attorney-client privilege: the need for new legislative intervention

Deaf, blind or stubborn? No, in good faith, judges and lawyers are always at odds over the scope of professional secrecy.

Lawyer. Professional secrecy. ECHR.

3/9/2024

State obligation to protect the confidentiality of exchanges between lawyers and their clients: no interference possible without procedural guarantees worthy of a state governed by the rule of law.

In the event of interference with a lawyer's data, it is incumbent on the signatory states of the EDH Convention to protect the lawyer's professional secrecy.

Lawyer. Professional secrecy. Proof of confidentiality. Article 145.

11/6/2024