Just Another Brick in the Wall: Communications with In-house Lawyers Remain Unprotected by Legal Privilege at the European Union Level

Posted by D. Daniel Sokol

Luis Pais Antunes (PMLJ) describes Just Another Brick in the Wall: Communications with In-house Lawyers Remain Unprotected by Legal Privilege at the European Union Level.

ABSTRACT: As decided by the ECJ, legal privilege does not extend to in-house lawyers in antitrust investigations carried out by the Commission. The decision creates a discrepancy with national investigations as that extension is accepted in some countries. It further creates unease for companies taking advice from in-house lawyers, which may compromise their role in ensuring compliance. It raises questions as to why ‘enrolled in-house lawyers’ should remain subject to ethical and discipline rules applicable to external lawyers as their communications do not benefit from the same protection.