In a significant development prior to the summer adjournment in July, the French Senate passed legislation granting in-house counsel the right to legal professional privilege for written advice. It should be noted that this legal shield is only applicable to advice in relation to commercial, civil, and administrative legal matters. However, the legislation still requires the approval of the Assemblée Nationale, the other chamber of the French parliament.
Advocates for in-house lawyers across Europe have been engaged in a determined effort for years to secure the right to legal professional privilege. Their efforts appear to be increasingly successful, with the legislation in France being seen as particularly significant. Legal professionals contend that the ability of in-house counsel to provide confidential advice is a critical component of their role.
For more details on this legal issue, consult the original article that can be found on Law.com.
This is a historical fight for in-house Counsels, and the legal shield for their written advice, if fully enacted, will be a vital tool to empower them in their work.