The Association of Corporate Counsel (ACC) has described the official adoption by France’s parliamentary chambers of legislation recognizing legal professional privilege for legal consultations prepared or controlled by in-house counsel as a major step in safeguarding the confidentiality of corporate legal advice.
“This is an important milestone for in-house counsel and the rule of law,” said Jason L. Brown, president and chief executive officer of the Association of Corporate Counsel, in a news release.
ACC acknowledged the limited nature of the legal privilege. ACC explained that somebody cannot invoke the privilege in criminal or tax proceedings or oppose it when exercised by European Union authorities as part of their investigative powers.
However, Brown characterized legal professional privilege as essential to ensuring companies can pursue honest legal advice and enforce strong compliance and governance practices.
“Protecting the confidentiality of legal advice given by in-house counsel is key to ensuring that organizations seek and receive candid guidance,” added Dave Hart, president of ACC Europe, in the news release. “Such protection supports effective corporate compliance and governance, and the rule of law.”
ACC pointed out that legal professional privilege protections are especially crucial in Europe, where uneven frameworks still lead to legal uncertainty for multinational organizations.
Advocacy efforts
Applauding France’s formal adoption of the legislation, ACC shared that it has long called for consistent legal professional privilege protections for in-house counsel across jurisdictions.
“This development reflects meaningful progress and emphasizes why continued advocacy remains critical,” Hart said in ACC’s news release.
ACC noted that it plans to keep up its advocacy efforts worldwide to highlight the importance of legal professional privilege in ensuring effective governance and the rule of law.
Established in 1982, ACC aims to advance in-house counsel’s common professional and business interests. The global legal association has almost 50,000 members working at over 12,000 organizations across more than 100 countries.
Apart from its advocacy, ACC’s work encompasses information, education, and networking. ACC seeks to call attention to chief legal officers’ value in C-suites and boardrooms. It also aims to link its members with the people and resources they need for personal and professional growth.
As ACC’s biggest chapter, ACC Europe has more than 3,800 members.