Global Guide: Legal Professional Privilege 2026

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 so 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 or involved in court litigation. In some jurisdictions, the scope and application of legal professional privilege remain the subject of debate, while the availability of privilege for in-house counsel communications can never be assumed.

Our global guide to the law and practice relating to legal professional privilege will help you keep on top of the potential issues and risks that may arise when considering how privilege applies in any given situation. The guide has been fully revised and takes into account the latest developments globally on this important topic. 

For 20 jurisdictions across Europe, the Americas and Asia-Pacific, our guide provides answers to the following key questions: 

• Are the concepts of disclosure of documents and a right to privilege recognised?
• Is the concept of inhouse 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. 

Law stated as at April 2026