"Don't pass it on ...": have the French got it right or wrong?
"We'd better open them first, just to make sure ..." |
"The approach of French lawyers in relation to confidentiality of communications between lawyers is very different to that of English lawyers. It seems that, in France, a lawyer may not copy to his client a letter that he has received from the other party’s lawyer. Result: effective communication with one’s clients becomes unnecessarily difficult".The Kat is fascinated by this. Knowing that this blog is read by a large number of thoughtful and highly capable French lawyers, he hopes that one or more of them will be tempted to respond to the following questions:
- Does this rule really exist?
- If so, is it a general rule of law that applies in respect of all professions (and therefore applicable also to, eg, accountants, architects, surveyors, loss adjusters), a rule imposed for the purpose of regulating the conduct of the legal profession or merely a matter of professional etiquette which has assumed the status of a binding rule?
- What if any are the sanctions that may be imposed upon a lawyer who copies a letter received by the other client's lawyer to his client? Are they civil or criminal, based in copyright or breach of confidence, data protection or privacy, or what?
- May any use be made, or cognisance taken, of such a letter if it has indeed been so copied?
- Does it apply in respect of all letters from the other party's lawyer or only those from a French-qualified practitioner?
- May this restriction be waived by the sender of the letter or by his client?
- Is any justification offered for this rule and is there any consideration as to whether it should be modified or scrapped?
French letters here and here