Is the Attorney-Client Privilege and the Work Product Doctrine Relevant Abroad?
Pitfalls and Best Practices
I. INTRODUCTION
1. The legal professional privilege is an important pillar of Swiss law and the strict observance of privilege is considered as key for the due exercise of the profession of a lawyer.
2. Under Swiss law, the protection of the legal professional privilege is part of the procedural law. Swiss state courts will, therefore, invariably apply their procedural codes as lex fori when determining who may avail himself of a legal professional privilege.
3. The legal professional privilege is mirrored by the lawyer's duty of confidentiality which is governed by several sources of Swiss law.
4. While it was historically strictly tied to the person of the lawyer, the protection of privilege will be extended to cover also work product which is no longer in the immediate control of the lawyer as of January 1, 2011.
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