03 - Scope of privilege
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03 - Scope of privilege Start Comparison
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?

To the extent privilege applies in the PRC, it can be argued that both situations are protected.

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

In-house lawyers who are not admitted to the local bar or are not registered with PRC's Ministry of Justice do not appear to fall within the scope of lawyers in the PRC who have a confidentiality obligation. They are not regarded as qualified lawyers and cannot engage in private practice.

Current PRC laws and regulations indicate that in-house lawyers in the PRC are different from outside counsel and, therefore, lesser confidentiality obligations apply to the documents and communications which they undertake with their clients.

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

This is unlikely to be the case.

Are foreign lawyers recognized for the purposes of privilege?

It is believed that foreign lawyers duly registered in the PRC under their law firms are subject to the same conditions and the same level of protection as qualified PRC lawyers in terms of confidentiality obligations.

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?

This is unlikely to be the case.