Global Attorney-Client Privilege Guide

Hungary

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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?

For a document to qualify as legally privileged, it is not necessary to be in the possession of the attorney. Documents meeting the criteria and in the possession of the client are also protected. Legal privilege does not cover documents which are no longer in the possession of the attorney or the client, unless they were removed from their possession unlawfully or in a criminal procedure.

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

As of 1 January 2018, legal privilege has been extended to communication between the client and its in-house lawyer (employee), as long as the in-house lawyer is admitted to the lawyer's bar association as a registered in-house counsel (kamarai jogtanácsos). It must be noted that the registered in-house counsel can carry out activities of attorneys for its employer, the employer's affiliated companies and the entity controlling the employer. Thus, communication with any of these entities may be considered as legally privileged.

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

Probably yes, but the judicial practice needs to confirm this interpretation.

Are foreign lawyers recognized for the purposes of privilege?

Attorneys registered in the European Economic Area (EEA) may carry out all activities of attorneys in Hungary, as long as the attorney is admitted to the lawyer's bar association as a European lawyer (európai közösségi jogász). European lawyers are subject to the same obligations and enjoy the same rights as Hungarian attorneys, with the exception of representation in criminal proceedings. Thus, communication with European lawyers is also covered by legal privilege.

Attorneys registered outside the EEA can only provide legal advice in Hungary on a permanent basis if admitted to the lawyer's bar association as foreign legal adviser (külföldi jogi tanácsadó). Although the fact that a foreign legal adviser may only provide legal advice with respect to their domestic law or international law would render it unlikely that communication between a client and a foreign legal adviser is covered by legal privilege, the circumstances that the foreign legal adviser can only provide legal advice on the basis of a cooperation agreement with a Hungarian attorney make it likely that the communication would fall under legal privilege.

Additionally, communication with foreign attorneys not registered in Hungary may fall under legal privilege in accordance with the rules of the domestic law applicable to the foreign attorney.

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?

Professional secrecy obligations extend to several nonlegal professionals:

  • Employees of the attorney/law firm
  • Data storage, archiving, safeguarding and processing service providers
  • Accountants
  • Other advisers participating in the engagement with the consent of the client

However, legal privilege is explicitly limited to communication with a person carrying out the activities of an attorney.

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