Welcome to The 2019 Edition
Welcome to the 2019 edition of DLA Piper's Legal Professional Privilege Global Guide, the ultimate guide to legal professional privilege around the world!
With the help of DLA Piper's unparalleled global network, we continue to clarify the scope and key limitations of legal professional privilege in various jurisdictions. But this Guide is not just a legal comparison but rather a practical toolkit for companies with cross-border operations.
Here is why we think this matters to you:
1. You are a Compliance Director for your listed company located in Country A getting to know that some problematic conduct has occurred in your subsidiary in Country B.
Scenario A: You are about to send an e-mail to your in-house colleague in Country B with a legal assessment of the conduct in question. Before you push the button, you think about the scope of legal privilege. You will ask yourself: "Does Country B protect in-house lawyer communications? Or can my mail be seized by inspectors or discovered in court?" Our guide provides a first answer.
Scenario B: You plan to forward the legal advice received from DLA Piper to your colleague in Country B. Now you ask yourself the following question: "What is the scope of legal privilege in Country B?" Indeed, virtually all jurisdictions recognize the concept of privilege, but there is a big difference in terms of when privilege (e.g. only after start of an investigation) or how broad it is. Again, our guide gives you a first answer.
2. You are a freshly appointed Compliance Director for your internationally active company, and no clouds darken your horizon - yet. Before engaging a new communications policy you want to find out about the underlying privilege issues. Here our Guide provides initial guidance in your strategic legal communications and planning, and in shaping your strategy for sourcing and storing legal advice.
But remember, our Legal Professional Privilege Global Guide does not constitute legal advice. We need to go beyond our standard disclaimer here. The "doctrine of legal professional privilege" is not universal but rather embedded in the deepest roots of each particular jurisdiction and may mean different things to different people.
So although this Guide is a first-aid self-help-kit for those interested in the subject and provides practical indications as to the varieties of legal professional privilege incarnations across the world; whenever legal professional privilege matters, please contact the contributors of the individual chapters for comprehensive guidance and advice on your particular case.
Dr. Bertold Bar-Bouyssiere
Brussels, February 2017