Global Guide: Legal Professional Privilege

Publication|

30 November 2023

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Global Guide: Legal Professional Privilege

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Law as at November 2023

We are delighted to publish the latest edition of our popular review of law and practice relating to legal professional privilege in 23 jurisdictions across Europe, the Americas and Asia-Pacific. The review has been fully revised and updated to take into account all the latest developments on this important topic.

The laws on legal professional privilege are a point of significant interest and divergence across the global legal landscape. Advice that is privileged in one country may not be protected in others. Differences in the application of legal professional privilege by courts and regulators across jurisdictions can lead to difficult decisions for organisations under investigation. Even within a jurisdiction, the scope and application of legal professional privilege may be the subject of debate amongst experts - and lead to dispute between parties.

For 23 jurisdictions, including the EU, our guide provides at-a-glance answers to the following key questions:

Are the concepts of disclosure of documents and a right to privilege recognised?
Is the concept of in-house lawyer privilege recognised? Are there any limiting factors?
How might legal advice privilege be waived or lost?
What law determines whether privilege applies to a document or communication?
Is the doctrine of privilege respected and applied by regulatory and other investigative bodies?
Are there any likely developments which might affect privilege in this jurisdiction?

The review is intended to highlight issues rather than to provide comprehensive advice. If you have any particular questions about privilege, please contact the Linklaters LLP lawyers with whom you work.