While this document is not a substitute for appropriate legal advice, it highlights the key differences from an operational perspective for the parties involved. We hope you find the guide useful for you and your teams. This global guide is a dynamic resource that provides up-to-date details on the different concepts and scope of solicitor-client privilege in dozens of jurisdictions around the world. New jurisdictions are regularly added to the guide, so if you can`t find the jurisdiction you`re looking for, please let us know. This decision may lead to difficulties in the application of procedural privilege in practice. Messages used in litigation (e.g., settlement agreements), but not falling under the category of obtaining advice or evidence, would not fall within the scope of procedural privilege, which may be considered a difficult distinction for non-lawyers. However, the Court accepted that procedural privilege would apply if advice or information obtained solely for the overriding purposes of litigation could not be “dissociated” from a document7 or otherwise disclose the nature of that advice or information. That may explain how these issues should be dealt with in the House. On November 30, 2018, the Court of Appeal rendered WH Holding Ltd v. E20 Stadium LLP. In that case, the dispute in the main proceedings was between West Ham Holding Ltd (`West Ham`) and its owner, E20 Stadium LLP (`E20`), and concerned West Ham`s right to a certain number of seats in London`s Olympic Stadium.
The appeal only concerned West Ham`s challenge to E20`s claim of privileges via six emails exchanged between E20 board members and between E20 board members and stakeholders. 3.4.1 limit the distribution of privileged documents to circumstances where strictly necessary; While the concept of solicitor-client privilege is universal, its scope and limitations differ from jurisdiction to jurisdiction. We recognize that many of our clients operate on a global platform, so it is crucial that they are aware of these differences in order to make informed decisions about the countries in which they operate and how to protect their business interests. Procedural privilege protects confidential communications between a client and his lawyers, or between one of them and a third party, if the primary purpose of the communication is to give, obtain or receive legal advice in adversarial proceedings or to gather evidence for use in such proceedings, at a stage where they are reasonably taken into consideration. 2. You`re a new Chief Compliance Officer for your internationally active company and you`re darkening your horizons – again. Before you begin a new communication strategy, you should review the underlying permissions issues. Our guide provides initial guidance for your strategic legal communication and planning and helps you shape your strategy for obtaining and storing legal advice. Keep in mind, however, that our Global Guide to Legal Solicitor-Client Privilege is not legal advice. While this guide is essential reading for those who want to learn more about the scope of solicitor-client privilege around the world, it is imperative that you contact the contributors to each chapter for more comprehensive legal advice and advice in your particular case. 3.5.3.1 Reports to be prepared by lawyers: Investigation reports prepared by internal investigators without legal counsel are not preferred and these investigators should provide information to the legal team so that they can prepare the report. 3.4.4 If an email contains privileged material, start a new email before replying or forwarding.
ii. Once procedural privilege has been exercised, it includes communication between the parties or their lawyers and third parties for the purpose of obtaining information or advice in the course of the conduct of the dispute, provided that this serves the sole or predominant subject matter of the dispute. 3.4.3 Consider providing privileged paper documents and retrieving the copy after use; and This guide brings together the specific local anti-corruption experiences of the Lex Mundi Cross-Border Investment Practice Group. Scenario A: You are about to send an email to your internal colleague in country B with a legal assessment of the behavior in question. Before you press the button, think about the scope of legal privilege. You may wonder, “Does Country B protect in-house lawyers` communications? Or can my email be confiscated by inspectors or discovered in court? Our guide gives a first answer. How does your jurisdiction behave when competition authorities proactively recognise ESG aspects in their guidelines? At paragraph 27 of its judgment, the Court of Appeal aptly summarized its findings on the scope of procedural privilege: This guide has been prepared by the Lex Mundi International Trade Practice Group and contains expected future changes. Solicitor-client privilege has recently been the subject of many important English court decisions aimed at limiting the applicability of solicitor-client privilege and procedural privilege. The Court confirmed that procedural privilege applied to documents in respect of which ENRC had claimed procedural privilege, including notes from interviews with employees and former employees and the performance of the work of forensic accountants – thereby broadening the scope of procedural privilege beyond the purpose of obtaining advice or evidence. It should be noted that the General Court stated that its decision depends on the facts of the case.
We are pleased to present Eversheds Sutherland`s new Global Guide to Disclosure and Privilege, which guides you through the various legal interpretations of both topics around the world. The purpose of this update is to (i) provide a brief summary of solicitor-client privilege; (ii) an analysis of recent cases; and (iii) practical measures for in-house counsel to avoid loss or waiver of privileges. As can be seen in the above-mentioned English legal cases, establishing and preserving solicitor-client privilege is anything but easy. Under English law, registered in-house counsel are subject to the same standards as outside counsel in determining privilege8 and the test that the English court will apply is whether the advice was given by the in-house lawyer registered in his capacity as counsel and whether it relates to the client`s “rights, responsibilities, obligations or remedies under private or public law”.9 Scenario B: You plan to pass on the legal advice received from DLA Piper to your colleague in country B. Then ask yourself, “What is the scope of legal privilege in country B?” In fact, almost all jurisdictions recognize the concept of privilege, but there is a big difference between when the privilege applies (e.g., only after an investigation has begun) and the extent of the scope. Again, our guide gives a first answer. 3.2 Document the reasons for initiating legal proceedings: clearly document when court proceedings are first considered and why they are considered a real likelihood and not just a possibility; Professional secrecy protects the confidentiality of communications between lawyers and their clients and has become an exception to the general public policy principle of full disclosure. It is essentially a fundamental human right.
Legal privilege is used to protect confidential communications between a client and his or her lawyers when the purpose of the communication is to give, seek or receive legal advice. It does not extend to communication with consultants who are not lawyers, such as tax advisors or auditors. 3.5.2 Separation of Counsel: Keep legal advice separate in a distinctive and clearly identified file. Avoid mixing business or business advice in the same communication setting out legal advice; In the high-profile SFO v. ENRC decision, the Court of Appeal overturned a controversial Supreme Court decision that had raised concerns by limiting the scope of solicitor-client privilege in internal investigations. Welcome to DLA Piper`s Global Guide to Legal Privilege, the ultimate guide to solicitor-client privilege around the world. Arbitration institutions in different global jurisdictions have their own structures, procedures and rules.