Privacy: Not yet for Lyons Attorneys

Introduction a Legal privilege Written by for the benefit of legal advice Corporate lawyersThe indignation of the lawyers did not calm down. In Lyon, bar, newly managed since 1 yearis by the President in February Alban Pousse-BoujerHe did not hesitate to receive a petition confirming the displeasure of the black dresses.

to the question Privacy referred to in-house lawyers as part of consultations with employers remains a divisive subject between the two legal professions, But this is not new.

According to Lyon lawyers, “It is not justified to transfer professional secrets to unregulated activities”

Already in 2015, within the framework of the Law on Orientation and Programming of the Ministry of Justice, lawyers came out against it, until the position was confirmed in 2023.Article 49introduced exactly this Legal privilege The right to confidentiality of legal advice written by corporate counsel for the benefit of his employer.

If this article is censored Constitutional Council On November 16, the next day, a new bill was introduced in the Senate, which again supports this “privilege” in favor of domestic lawyers.

Hence, the motion received by the Lyons Bar, recalling “that professional secrecy is an essential component of the legal profession and is established to protect, protect the rights of all citizens and the rule of law.“.

According to the lawyers in Lyon who received it movement, “There is no justification for extending professional secrecy to unregulated activities, even though the scope of application would be too broad and extended to persons under the authority of lawyers to be themselves not so.”“.

CNB in ​​the footsteps of the Lyon bar

Among other arguments that such a device “It could create an unequal remedy for all those who would challenge a company in court that refuses to turn over a document that could harm it by revealing that privacy.and That this would lead to a new trial involving the transfer of documents, an increase in costs and an already unreasonable procedural delay.“.

There is a broad consensus among lawyers since February 2 National Bar Council (CNB) spoke at the general meeting against the recognition of the confidentiality of the opinions of corporate lawyers.

The Senate Judiciary Committee The new bill is due to be debated on February 7, before being debated in public a week later.

(Tags translated) Lawyers

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