Q&As

What is the EU legal professional privilege position of UK lawyers post-Brexit?

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Published on LexisPSL on 22.04.2020

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • What is the EU legal professional privilege position of UK lawyers post-Brexit?
  • EU LPP
  • What is it?
  • Position during transitional period
  • Position of in-house lawyers
  • Caveats
  • Third Country Lawyers
  • National rules on confidentiality of legal communications
  • Tips and guidance

The conversation on EU legal professional privilege (LPP) for lawyers is ongoing, however the Law Society has provided short guidance reflecting the current stage of that conversation. The guidance is relevant to:

  1. UK lawyers based in the EU providing legal advice as a Third Country Lawyer, and

  2. those based in the UK providing advice on cross-border EU operations

The Law Society guidance briefly covers three areas:

  1. EU LPP

  2. Third Country Lawyers, and

  3. national LPP

EU LPP

What is it?

EU LPP attaches to communications relating to a Commission administrative or enforcement procedure.

It does not concern a company’s right to withhold privileged documents from private parties or relate to other government authorities.

National LPP rules will continue to be relevant in all national administrative procedures.

Position during transitional period

UK qualified lawyers are covered by EU LPP until the end of the transitional period.

EU courts and EU bodies retain jurisdiction over judicial cases and administrative proceedings initiated during the transitional period.

Existing EU rul

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