Baker & McKenzie Partner Mark Taylor led a discussion this afternoon at Doing Business Globally in Dallas on the attorney-client privilege, and how it applies in different countries such as Brazil, China, India, Russia, and the European Union. Mr. Taylor’s presentation covered key details from each country, but here are general takeaways:
- Nearly all countries recognize some form of attorney-client privilege, though not always by name.
- In common law countries like England, the “privilege” is normally based in case law.
- In civil law countries like France, the “privilege” is typically embodied in statutes.
- In most countries, “confidential” has the same meaning as in the U.S. However, in some jurisdictions, such as China, policy may require in-house counsel to reveal information that would be considered confidential in the U.S.