The commentary by Louis Vogel and Joseph Vogel on the latest Policy Brief published by the European Commission has just been published in the April 2026 issue of the journal Concurrences.
To read our full review, click here
This Policy Brief seeks to limit attorney-client privilege solely to lawyers’ litigation defense activities, excluding their advisory work as well as day-to-day communications between lawyers and their clients. It also calls into question the confidentiality of legal consultations provided by in-house counsel.
In this article, we demonstrate why the content of this Policy Brief is inconsistent with the Court of Justice’s case law on attorney-client privilege, and why its hostile stance toward the confidentiality of in-house counsel consultations is unfounded.
The recent validation by the Constitutional Council of the confidentiality of legal consultations by in-house counsel—insofar as it contributes to the prevention of crimes and, consequently, to the public interest—further refutes the position defended in this European Commission Policy Brief.
