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EU strikes a blow against in-house lawyers

EU strikes blow against in-house solicitors


Legal privilege is better established right in britain. This is based on the concept that a lawyer's advice shouldn't be used in opposition to his/her client, and that info clients disclose to their legal professionals in London or somewhere else must not be used in opposition to them in a court of law.

Unfortunately, there continue to be at least one area of the law in which legal privilege does not apply. The Guardian documented on Sept 14th that "the Court of Justice of the European Union (CoJ) has ruled that legal privilege does not extend to the advice of in-house lawyers in antitrust cases".

The CoJ verified as part of its choice that European union requires legal privilege must meet 2 guidelines.


The initial test might be that the exchange with a legal representative that is going to be kept personal has to be based upon "the client's right of defense".

The second reason is that the lawyer or attorney involved will have to be regarded as an "independent lawyer".

It's the second half of the aforementioned standard that the court used to support the previous interpretation which denied the right of legal privilege in antitrust cases with in-house lawyers. The CoJ made it apparent that they believed in-house lawyers were too close to their clients to be thought of as independent legal professionals. Within the court's view, in-house solicitors correspond with their clients as both solicitors as well as employees.

Because of this they're less qualified to satisfy their professional commitments because of these conflicting methods of relating.Fortunately that when a govt institution within UK is bringing an antitrust case against a company United kingdom guidelines are going to be recognised. Only when the EU is specifically involved will the CoJ's judgment be employed.

The decision from the EU's highest court is very disappointing. It illustrates just how eradicated the actual EU is from the realities associated with modern Europe's world of business. A whole lot worse than this though, is how it damages the principle of equivalent treatment that's been upheld within the uk for years.

A west London solicitor will receive different treatment coming by an in-house lawyer or attorney in central London when the European union is involved.

It is still unknown the way in which businesses will respond to the CoJ's conclusion.

The most likely end result is that in-house lawyers won't be employed in antitrust circumstances when the European union is specifically involved.

The main advantage of legal privilege is so great that it makes it worthwhile for many firms to consult law firms the EU identifies as independent. The ruling might end up being a benefit for west London solicitors

EU strikes a blow against in-house lawyers

By: Greg Jacobs
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