France's Legal Privilege: Only for Attorneys-at-Law and Patent/Trademark Attorneys; Not (yet) In-House Counsel

In France, unlike for instance in the United States or United Kingdom, the scope of attorney-client privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or self-employed) and, under certain conditions, to patent/trademark attorneys. In-house counsels thus do not benefit from legal privilege in France, regardless of whether they are or were previously qualified and registered as attorneys-at-law. Correspondence by in-house counsel is thus deprived of legal protection and may be seized or its disclosure otherwise legally required in the context of civil proceedings. Trade-secret protection may in certain cases be used as a fallback in order to claim protection for the advice provided by in-house counsel.

This White Paper explores the scope and the specificity of attorney-client privilege in France, in relation to civil matters. It examines situations and subject matter that do not fall within the scope of attorney-client privilege, in particular in relation to in-house counsel and in-house patent/trademark attorneys. It addresses fallback civil law principles that may be used to claim protection for communications and documents falling within the scope of trade secrets. Finally, practical recommendations are provided to maximize the protection of company information against legally warranted disclosure. A few comments will be added in relation to the increasingly narrow attorney-client privilege in the context of criminal or antitrust proceedings.

Read the White Paper.