In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient 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.
Please see full publication below for more information.
