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.
- Who is the "client for the purposes of attorney-client privilege under US law and legal advice privilege under English law?
- Are communications with and documents prepared by non-lawyers protected by privilege?
- Are documents prepared in the course of an investigation protected by privilege?
- Can privileged material be shared with others without loss of privilege?
- Are minutes of board meetings protected by privilege?