Privilege and document protection - FAQs

In a number of jurisdictions around the world, lawyer communication and materials prepared in anticipation of litigation are protected by some form of privilege or confidentiality. However, the precise scope and application of that protection varies across jurisdictions.

As a result, a document or communication that is privileged in one jurisdiction may not be privileged in another jurisdiction. As disputes and investigations increasingly involve multiple jurisdictions, navigating the boundaries of privilege across borders is growing in complexity.

We answer some of the most frequently asked questions which arise in relation to privilege from an English and US law perspective.

Download our Privilege and document protection – Frequently asked questions from an English law perspective.