Yes, both communications between lawyer and client and documents prepared by or for lawyers enjoy some kind of protection. However, because of the limited disclosure regime, privilege does not play a significant role in German civil litigation. Also, the rationale behind the "privilege" is different from the Anglo-American concept. As, generally speaking, there is no obligation to disclose documents, there is no corresponding privilege for not disclosing certain documents. Rather, in Germany, privilege (more accurately "Anwaltsgeheimnis," i.e., professional secrecy of lawyers) protects lawyers, who are considered as independent agents of the administration of justice, against state intervention. Also, it is accepted that lawyers can only properly fulfill their role if there is a relationship of trust between lawyers and their clients. Therefore, the relationship between lawyer and client is protected by professional confidentiality regulations set out in the Code of Professional Conduct and Regulations concerning the Legal Profession. Without the consent of the client, lawyers are prohibited from divulging any confidential information or documents obtained in the course of their professional activities. Breaches of this duty carry criminal penalties under the German Criminal Code.

The obligation to preserve confidentiality is mirrored by the right of the lawyer to refuse to divulge such information in civil and criminal procedures as set out in the Civil Procedure Code and the Criminal Procedure Code. Thus, under German law, the communication itself is not privileged, but the lawyer is under a duty not to disclose the information it contains and thus has a right to refuse testimony. Nevertheless, for the purposes of this chapter, the expression "privilege" will be used.

With regard to criminal procedures, under the Criminal Procedure Code (section 97), written correspondence between the accused and persons who may refuse testimony (such as lawyers) must not be seized. The same applies for notes etc. taken by the lawyer concerning matters covered by the right to refuse testimony.