Legal privilege and professional secrecy—Spain—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Legal privilege and professional secrecy—Spain—Q&A guide
  • 1. Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that protect communications between an attorney and a client from disclosure.
  • 2. Describe any relevant differences in your jurisdiction between the status of private practitioners and in-house counsel, in terms of protections for attorney-client communications.
  • 3. Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that provide protection from disclosure of tangible material created in anticipation of litigation.
  • 4. Identify and summarise recent landmark decisions involving attorney-client communications and work-product.
  • 5. Describe the elements necessary to confer protection over attorney-client communications.
  • 6. Describe any settings in which the protections for attorney-client communications are not recognised.
  • 7. In your jurisdiction, do the protections for attorney-client communications belong to the client, or is secrecy a duty incumbent on the attorney?
  • 8. To what extent are the facts communicated between an attorney and a client protected, as opposed to the attorney-client communication itself?
  • 9. In what circumstances do communications with agents of the attorney or agents of the client fall within the scope of the protections for attorney-client communications?
  • More...

Legal privilege and professional secrecy—Spain—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to legal privilege and professional secrecy in Spain published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Barcelona Bar Association—Joan Oset

1. Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that protect communications between an attorney and a client from disclosure.

Professional confidentiality in Spain is recognised in article 24 of the Constitution, article 542 of the Organic Law of the Judiciary and, in matters connected with data protection, the EU General Data Protection Regulation and the Spanish data protection law and regulations.

Confidentiality or professional secrecy is regulated in detail in the General Statute of Spanish Lawyers, which is approved by the government, and the Code of Conduct for Spanish Lawyers, approved by the General Council of Spanish Lawyers.

In general, Spanish rules are followed. However, Catalonia and the Basque Country have specific 'local' rules approved by the regional Councils of Lawyers and ratified by the autonomous governments.

2. Describe any relevant differences in your jurisdiction between the status of private practitioners and in-house counsel, in terms of protections for attorney-client communications.

Spanish in-house lawyers have the same obligations and rights as lawyers in private practice. We are aware that some EU court decisions do not agree with Spanish regulations.

3. Identify and describe your

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