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Insight Center: Publications

Lex Mundi Global Attorney-Client Privilege Guide

Authors: Jeremy Heep and Mia S. Rosati

Lex Mundi Global Attorney-Client Privilege Guide

Pepper Hamilton (Lex Mundi member firm for USA, Pennsylvania) attorneys Jeremy Heep and Mia S. Rosati contributed to the Pennsylvania chapter "AC Privilege" in the Lex Mundi Global Attorney-Client Privilege Guide.

Under the common law, the attorney-client privilege is a testimonial privilege that protects from pre-trial discovery or use in a proceeding confidential communications (oral or written) between an attorney and their client made for the purpose of obtaining or providing legal advice. In civil law jurisdictions, which do not engage in broad pre-trial disclosures, issues of privilege and confidentiality over attorney-client communications arise less frequently, but are no less important to the practice of law. Some civil law jurisdictions do not recognize the privilege, but instead protect the information through professional ethics rules or otherwise. Differences in the law among both common law and civil law jurisdictions can be significant. Companies and their counsel should be aware of these differences and how they may affect legal proceedings.

The Lex Mundi Attorney-Client Privilege Guide details what constitutes ACP in more than 65 common and civil law jurisdictions around the world. The guide covers elements/basics, privilege in corporations, litigation funding, crime-fraud exception, work product doctrine/litigation privilege and other privileges, including accountant-client privilege, mediation privilege and settlement negotiation privilege.

The guide was created by Lex Mundi with the help of Jenner & Block LLP, Lex Mundi member firm for USA, Illinois.

The Lex Mundi Global Attorney-Client Privilege Guideis available here.

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The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship.

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