Legal privilege : quand l'intérêt de l'entreprise rejoint celui des juristes
| Auteur | Legal News |
Le Tribunal de première instance des communautés européennes a refusé, le 17 décembre 2007, de reconnaître le legal privilege aux juristes d'entreprise. Dans cette espèce, le TPICE avait jugé que les correspondances entre une société et un de ses juristes n'étaient pas confidentielles, quand bien même celui-ci serait également membre d'un barreau. Pour « contourner » cette solution, les juges de l'affaire Akzo Nobel avaient alors proposé d'avoir recours à des avocats indépendants pour rendre des avis juridiques sur la gestion des risques de l'entreprise. Pour les professionnels, cette recommandation est difficilement applicable. En effet, le juriste doit être susceptible d'intervenir à tout moment et doit faire preuve de rapidité dans la mise en place de ses contrôles internes. Ainsi, comment diviser le travail et en confier une partie à un avocat indépendant, sans craindre de mettre à l'écart le juriste ? Enfin, si le rôle des...
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