Originally from Reflections on International Arbitration - Essays in Honour of Professor George Bermann

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I. INTRODUCTION 

Most jurisdictions recognize some form of attorney-client privilege and counsel’s professional secrecy.  In a very general sense, the attorney-client privilege protects from disclosure communications between parties and their attorneys made in confidence for the purpose of securing or providing legal advice, legal services, or assistance in some legal proceeding. 

Despite the consensus on the need for such a privilege or professional secrecy, there are significant differences between jurisdictions as to the exact nature and scope of the attorney-client privilege, who may invoke it, regarding which categories of documents, and how this privilege may be waived.   These distinctions can be critically important because application of certain jurisdictions’ rules results in protection for a much narrower range of communications than application of other rules.