Category: Profession

Status of Legal Professional Privilege Across Europe

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The societies of Europe are based on the rule of law. At the heart of this important principle lies the Legal Professional Privilege…

However, the profession of in-house counsel is still not recognised everywhere in Europe and our colleagues’ clients do still not benefit from legal professional privilege (LPP) everywhere. Nevertheless, there has been remarkable developments in the last 3 years in many European countries, that recognise the importance of in-house legal advise for companies and their compliance systems, e.g:

✏ France: Drafting of a bill in process to recognise LPP for in-house counsel
✏ Switzerland: Recognition of LPP to in-house counsel in civil proceedings
✏ Netherlands: LPP confirmed for Dutch in-house counsel by supreme court
✏ Spain: Confirmation that LPP of in-house counsel must be respected
✏ UK: LPP granted to foreign in-house counsel even contrary to ‘touch-base’ an

alysis

Still the ‘LPP Landscape Across Europe’ map shows too many jurisdictions that are not shaded in green.

Learn more about the current status of the profession of in-house counsel in ECLA’s newly published ‘EUROPEAN COMPANY LAWYERS REVIEW 2024/25’. This comprehensive book of 250 pages offers a unique overview of the situation in 30 countries in Europe and beyond. You can order your personal copy now at: https://ecla.martenmannis.eu.online/review/


ECLA will continue fighting for the profession of in-house counsel guided by our motto: Independence by Design!

 

Celebrating the European Day of Justice 2021 – No justice without independent lawyers

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The European Company Lawyers Association (ECLA) congratulates all colleagues across Europe on today’s European Day of Justice 2021 which was initiated by the Council of Europe and the European Commission as well as the European Lawyers Day 2021, initiated by the Council of Bars and Law Societies of Europe (CCBE).

In keeping with this year’s theme of “No justice without independent lawyers”, the ECLA is proud to reiterate that company lawyers are independent by design, as demonstrated in the 2012 ECLA White Paper “Company Lawyers: Independent by Design”. Today, more than 150,000 company lawyers across Europe are strongly committed to advancing the rule of law.

Indeed, justice cannot exist without a strong rule of law. A strong rule of law is the cornerstone of European society as well of a flourishing European economy. The independence of lawyers from governments, states, and authorities is an indispensable foundational element thereof.

Jonathan Marsh, President of the ECLA and International General Counsel at TotalEnergies, observes that:

“Much has changed over the last 20 years in the European legal community including, most encouragingly, the increasingly vital role of company lawyers, who embody an essential aspect of the rule of law in European companies, in particular with respect to compliance, digital and ESG developments.

The independence of company lawyers and the importance of a professional legal privilege is increasingly recognized, as evidenced by the evolution of the jurisprudence of national member states, the Court of Justice of the European Union and the recent recommendations of the OECD”.

The ECLA welcomes this opportunity to highlight the role of company lawyers in supporting the advancement of justice and the rule of law in Europe and remains committed to working with stakeholders across all disciplines to reinforce the contribution of company lawyers to a better and stronger Europe.

About ECLA
The European Company Lawyers Association (ECLA) was founded in 1983 and is the umbrella organization of 22 different national associations of in-house counsel working in companies and organizations. For more than 38 years, ECLA has been committed to the profession of company lawyers throughout Europe and accounts for approximately 68,000 professionals in its network and represents the more than 150,000 company lawyers across Europe.

 

The full press release can be downloaded here.

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New CMS report looks into how General Counsel view the evolution and the position of their roles

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]The ongoing COVID-19 pandemic has completely changed the way lawyers have to and can perform. Though the evolution from a mere contract specialist to a generalist, knowledgeable in areas ranging from intellectual property to ethics and compliance, has been ongoing even prior to the onset of the pandemic, the current developments have certainly accelerated them.

In these times, as face-to-face socialising with your peers from other industries and countries has become scarce, finding best practice online has become the go-to method for broadening your own scope about the evolution of legal teams and their leaders. Though now, six months into the new working order, there is plentitude of advice on digitisation and remote working, the shifts in the role of corporate lawyers, specifically general counsel, are scarcely mentioned.

In the light of this, CMS in partnership with ECLA, has produced an extensive 101-question-interview-series with 18 high-level general counsel based in various sectors in Europe, titled ‘Creating Connections, Bridging Gaps’. The report specifically focuses on how general counsel of today conduct themselves, with the discussions ranging from business relations to team-building to value- and brand-building within the business and beyond.

The report is an excellent read for in-house lawyers regardless of position, as it illustrates well the evolving role and the challenges that today’s general counsel are faced with. Getting such insight from a number of high-level decision makers certainly can demonstrate the future evolution of the role as well, giving a better understanding of where the profession is heading.[/vc_column_text][/vc_column][/vc_row]

ECLA salutes French plans to extend legal privilege to company lawyers

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]“If implemented, this is a real revolution in France. We salute the plans to extend legal professional privilege to in-house counsel, and we hope they will soon be implemented,” said Jonathan Marsh, the president of the European Company Lawyers Association (ECLA), in reaction to the publication of proposals made by Deputy Raphaël Gauvain of the governing LREM party.[/vc_column_text][vc_empty_space height=”20px”][vc_column_text]

The Gauvain report was submitted to Prime Minister Edouard Philippe on Wednesday. In it, he proposes to improve protection of French companies by giving company lawyers (juristes d’entreprise) a status similar to that of external legal counsel, in particular with respect to the confidentiality of legal advice they provide. Gauvain notes that currently, French companies do not enjoy the same level of legal protection than their international competitors and are often at a competitive disadvantage when faced with legal proceedings abroad.

The proposals will now have to be evaluated by the government and then presented to the National Assembly and the Senate for approval. They also include a call for the modernisation of a 1968 law on the communication of economic, commercial, business, financial or technical information to foreign persons or entities, and for the adoption of a new law aimed at protecting French companies against the transfer of company data to foreign entities by internet service providers.

This in effect would mean extending GDPR rules already in place for natural persons to legal persons and allow to impose sanctions on ISPs who transfer data of French companies to third countries’ authorities without going through the proper legal process.

Jonathan Marsh pointed out the differences that still exist between different jurisdictions in Europe when it comes to legal privilege for company lawyers. “At a time when European companies are subject to tough competition, it is not a satisfactory situation to have a patchwork of different rules in place from jurisdiction to jurisdiction. We will continue to advocate for the recognition of legal privilege for company lawyers across the EU,” the ECLA president said.

The French Association of Company Lawyers (AFJE) – ECLA’s affiliate in France –welcomed the proposal made by Gauvain, notably the recognition of legal privilege for in-house counsel. “Raphaël Gauvain’s report is a big step forward towards the protection of confidentiality of legal advice given by in-house lawyers, and the creation of the status of Company Lawyer will facilitate the implementation of this plan. It will not only strengthen French economic competitiveness but also make French and European law more attractive,” said AFJE President Marc Mossé. He called on Prime Minister Philippe to implement the proposals contained in the Gauvain Report. “You have our full support,” Mossé declared.

 

The Gauvain Report can be accessed in full here (French)

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