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.
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
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol13/iss3/8