Disparity in the Application of Legal Principles as a Form of Trade Restraint: Attorney-Client Privilege in the European Community

Authors

Dan R. Mastromarco

Abstract

This Article briefly describes the origin of the Community confidentiality standard, emphasizing the disparate treatment accorded EC and non-EC attorneys. It discusses the nature of the American attorney-client privilege and the rationale for the privilege; it also explores the inherent problems presented in the EC position. The Article concludes by criticizing the decisions in the AM&S and Deere cases for going against the underlying spirit of the EC through the disparate application of legal principles.

Recommended Citation

Dan R. Mastromarco, Disparity in the Application of Legal Principles as a Form of Trade Restraint: Attorney-Client Privilege in the European Community, 13 Hastings Int'l & Comp. L. Rev. 479 (1990).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol13/iss3/8