03 - Scope of privilege | Japan | Global Privilege and Professional Secrecy Guide

Is attorney-client communication only privileged as long as it remains in the lawyer's possession, or is a copy held by the client also protected?

The obligations and rights of confidentiality are limited to documents and information in the possession of lawyers. To the extent that the same information or documents are in the possession of the client or any party other than a lawyer, the information or documents will not be subject to any specific protection from disclosure.

Are in-house lawyers treated in the same way as external lawyers for determining privilege?

The statutory obligations of confidentiality only apply to bengoshi and gaikokuhojimubengoshi. In-house lawyers are not usually bengoshi or gaikokuhojimubengoshi and are not subject to any statutory obligation of confidentiality.

In-house lawyers will be treated in the same way as external lawyers insofar as they are registered attorneys-at-law (bengoshi or gaikokuhojimubengoshi).

Does privilege extend to internal communications between in-house lawyers?

Yes, provided that they are registered attorneys-at-law.

Are foreign lawyers recognized for the purposes of privilege?

Yes, the statutory obligations of confidentiality will apply to foreign lawyers, provided that they are registered foreign lawyers (gaikokuhojimubengoshi). Whether or not a communication or work product of a foreign lawyer is privileged in their home jurisdiction is irrelevant.

Does privilege extend to nonlegal professionals who may from time to time advise on legal issues relating to their field, e.g., accountants or tax consultants advising on tax law?

No.

Global Privilege and Professional Secrecy Guide

Japan

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