Lawyer. Attorney-client privilege. Enforceability of attorney-client privilege. Attorney-client privilege. Rights of the defense. Confidentiality of in-house counsel's opinions.
22/10/24

Attorney-client privilege: the need for new legislative intervention

Deaf, blind or stubborn? No, in good faith, judges and lawyers are still at odds over the extent to which attorney-client privilege applies to advice, due to the poor drafting of the provisions of the law on confidence in the judiciary. A coherent law needs to be drafted, both on attorney-client privilege and on the (future) confidentiality of in-house counsel's opinions, in line with European texts and case law. The effectiveness of compliance laws and respect for the duty of care depend on it.

Commentary on Cass. crim., Sept. 24, 2024,no. 23-84244 (dismissal of appeal against CA Versailles, Sept. 20, 2022)

https://www.labase-lextenso.fr/gazette-du-palais/GPL469h2

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