From a US perspective, the ban by many European countries on extending professional privilege rights to corporate counsel is, at best, an historical anachronism and, at worst, an extremely counterproductive bar to the effective corporate governance of many European countries.
“The lack of client privilege for in-house lawyers in Europe is a huge mistake,” Tyco’s general counsel Bill Lytton told Legal Director last week, arguing that it obstructs free access between the board and its in-house advisers. “Companies are not served well by lawyers who cannot share privileged information. This is a real hindrance.”
