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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…

On February 18, 2026, the Constitutional Council upheld the law on the confidentiality of consultations with in-house counsel, which had been adopted by Parliament on January 14 of that year. This decision enshrines in French law a long-awaited principle that is recognized in most OECD countries.
By affirming that the reform pursues an objective of general interest—promoting corporate compliance—the Constitutional Council confirms the central…

The ruling issued by the Criminal Chamber of the court of casation on January 13, 2026, reaffirms its position: according to the Court, attorney-client privilege is limited solely to “the rights of the defense.”
This case law directly undermines all advisory and compliance activities: a legal consultation by a lawyer on behalf of their client intended to alert them and prevent a risk can become evidence against them during an…