Law Society protects in-house lawyers

10 March 2008

The Law Society has announced that it has applied to the European Court of Justice for leave to intervene in the Akzo Nobel case. 

Akzo Nobel is appealing against a recent judgment that legal professional privilege did not extend to communications between company personnel and in-house lawyers in EU cartel investigations. 

Des Hudson, Law Society Chief Executive says;

"This is a real step forward.  The Society, and it's legal team,  have worked closely with a number of in-house solicitors to put together this application very quickly. 

"I am confident that the Court will see the merits of allowing us to participate in this case, given the arguments we have submitted and the long-standing experience we have of privilege issues.  

"It is time for the EU court to update its case law. The Society will argue that the CFI’s decision represents a threat to the right of clients to communicate openly and in confidence with their in-house lawyers, a privilege which is crucial in the business community. 

"It is also crucial that all members of the profession are treated equally in this respect.  The advice of all solicitors, who are bound by the Society’s high professional standards and disciplinary measures, should be afforded the same level of protection."

This case has considerable implications for the growing number of in-house solicitors in England and Wales who, at present, are able to claim that communications between them and their employer clients are subject to LPP, except in the situation covered by this case. The Society believes that the Solicitors’ Code of Conduct provides sufficient regulatory safeguards to ensure that in-house lawyers act with all necessary independence and integrity.