The French Parliament has adopted landmark legislation establishing, for the first time, specific confidential status for legal opinions prepared by in‑house lawyers. This marks a significant shift in the French legal landscape, which historically – in contrast to the English law position – has not recognised legal privilege for in‑house counsel.
The protection will be subject to various requirements, including as to the qualifications and training of the in-house lawyer and the labelling of the opinion. The new law has yet to come into force: an implementing decree will set its effective date, which must be no later than 12 months after enactment.
The change will not affect the privileged status of any materials in English court proceedings: the English courts apply English law to questions of privilege, and it has long been established that legal advice privilege under English law applies to advice from foreign lawyers, including foreign in-house lawyers.
For more information see this article prepared by our Paris office.
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