"Taming" Legal Privileges: An Analysis of the U.S. and Italian Law
Legal privilege guarantees that clients can frankly and openly communicate with their attorneys without running the risk that confidential information is disclosed and used against them. Knowing how to preserve and exercise privilege rights in different jurisdictions is of utmost importance for comp...
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| Format: | Article |
| Language: | English |
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Trento Student Law Review Association
2019-10-01
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| Series: | Trento Student Law Review |
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| Online Access: | https://teseo.unitn.it/tslr/article/view/275 |
| _version_ | 1819275615673516032 |
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| author | Riccardo Loschi |
| author_facet | Riccardo Loschi |
| author_sort | Riccardo Loschi |
| collection | DOAJ |
| description | Legal privilege guarantees that clients can frankly and openly communicate with their attorneys without running the risk that confidential information is disclosed and used against them. Knowing how to preserve and exercise privilege rights in different jurisdictions is of utmost importance for companies and professionals, especially if operating globally. As demonstrated by recent scandals in the United States and judgments in the European Union, complex privilege issues arise very frequently both in litigation and in the day-to-day business. While legal privilege is recognized in almost every jurisdiction, civil and common law jurisdictions approach and regulate privilege in significantly different ways. This paper compares the legal framework of the United States and Italy through the analysis of case law and decisions. The purpose of this work is twofold: on one hand, to highlight differences and similarities in the U.S. and Italian legal privilege regulation, with a focus on the corporate and cross-border context; on the other, to investigate the different assumptions underlying privilege doctrines, and improve the management of privilege issues in practice. |
| first_indexed | 2024-12-23T23:27:09Z |
| format | Article |
| id | doaj.art-cc124027d4334f97ab3447968f3fb893 |
| institution | Directory Open Access Journal |
| issn | 2612-4874 |
| language | English |
| last_indexed | 2024-12-23T23:27:09Z |
| publishDate | 2019-10-01 |
| publisher | Trento Student Law Review Association |
| record_format | Article |
| series | Trento Student Law Review |
| spelling | doaj.art-cc124027d4334f97ab3447968f3fb8932022-12-21T17:26:12ZengTrento Student Law Review AssociationTrento Student Law Review2612-48742019-10-011293844"Taming" Legal Privileges: An Analysis of the U.S. and Italian LawRiccardo Loschi0Università commerciale Luigi BocconiLegal privilege guarantees that clients can frankly and openly communicate with their attorneys without running the risk that confidential information is disclosed and used against them. Knowing how to preserve and exercise privilege rights in different jurisdictions is of utmost importance for companies and professionals, especially if operating globally. As demonstrated by recent scandals in the United States and judgments in the European Union, complex privilege issues arise very frequently both in litigation and in the day-to-day business. While legal privilege is recognized in almost every jurisdiction, civil and common law jurisdictions approach and regulate privilege in significantly different ways. This paper compares the legal framework of the United States and Italy through the analysis of case law and decisions. The purpose of this work is twofold: on one hand, to highlight differences and similarities in the U.S. and Italian legal privilege regulation, with a focus on the corporate and cross-border context; on the other, to investigate the different assumptions underlying privilege doctrines, and improve the management of privilege issues in practice.https://teseo.unitn.it/tslr/article/view/275legal professional privilegesegreto professionalecomparative lawunited statesitaly |
| spellingShingle | Riccardo Loschi "Taming" Legal Privileges: An Analysis of the U.S. and Italian Law Trento Student Law Review legal professional privilege segreto professionale comparative law united states italy |
| title | "Taming" Legal Privileges: An Analysis of the U.S. and Italian Law |
| title_full | "Taming" Legal Privileges: An Analysis of the U.S. and Italian Law |
| title_fullStr | "Taming" Legal Privileges: An Analysis of the U.S. and Italian Law |
| title_full_unstemmed | "Taming" Legal Privileges: An Analysis of the U.S. and Italian Law |
| title_short | "Taming" Legal Privileges: An Analysis of the U.S. and Italian Law |
| title_sort | taming legal privileges an analysis of the u s and italian law |
| topic | legal professional privilege segreto professionale comparative law united states italy |
| url | https://teseo.unitn.it/tslr/article/view/275 |
| work_keys_str_mv | AT riccardoloschi taminglegalprivilegesananalysisoftheusanditalianlaw |