📣 France 🇨🇵 confirms recognition – Europe is continuing towards Legal Professional Privilege for In-house Lawyers ⚖️ 🙋‍♀️ 🇪🇺 …as a standard

❗ The French Senate adopted a bill on the confidentiality of consultations and legal advice for in-house lawyers. 🔐

The law introduces Article 58-1 into the law of 31 December 1971. In-house lawyers’ clients will benefit from the protection against seizure or the obligation to disclose to a third party in civil, commercial, or administrative proceedings. To ensure LPP in France the consultations must meet four cumulative conditions:
💡 Academics: The lawyer must hold a master’s degree in law or an equivalent qualification,
💡 Ethics: The lawyer must provide proof of training in ethical rules according to a framework defined by decree to come,
💡 Restricted destinations: Opinions must be intended exclusively for the management, administrative, or supervisory bodies of the company or its group,
💡 Strict formal requirements: The advice must be marked “confidential – legal consultation – in-house lawyer” and be subject to specific classification.

This reform, subject to a 5-day constitutional court claim delay. It marks a turning point for the competitiveness of the French legal market and the protection of the economic sovereignty of companies and for defendants rights and the rule of law. The law will come into force on a date set by decree to come, and no later than twelve months after its promulgation. Transitional provisions are provided for lawyers with eight years of practice on the date of entry into force.

This new legislation has been challenged by some left politicians in France and brought before the Constitutional Council in France. On 18 February, the French Constitutional Council confirmed the passed legislation with two minor reservations, so that LPP in France will come into effect as planned (Décision n° 2026-900 DC du Conseil Constitutionnel). Nevertheless, the new developments in France reflect a clear European direction: The protection of in-house legal advice is becoming a European standard!

⚖️ In-house Lawyers – Independent by Design! ⚖️

Stephanie Fougou, Marcus M. Schmitt, Jonathan Marsh, Jean-Philippe Gille, Martial Houlle, Anne Laure Paulet, Nicolas Vergne, Marc Mossé, David M. Zygas, Philippe Coen, Comité de Déontologie des Juristes, AFJE, Cercle Montesquieu, Laure Lavorel, Waldemar Koper, Silvia Bonacossa, Mark Cockerill, Richard Bacek, Eric Lennerth, Cecilie Kjelland, Giovanni Cerutti, Stéphane BARTHE, Els Steen, IBJ-IJE (Instituut voor bedrijfsjuristen – Institut des juristes d’entreprise), Hervé DELANNOY, Julie Dutordoir