To what extent does attorney-client privilege apply to communications between a client and a lawyer licensed in a foreign jurisdiction, if it applies at all? Does it matter if the foreign jurisdiction would grant narrower or wider protections?
The foreign lawyer is foreign in sofar that they are not allowed to practice law in a reference jurisdiction, i.e. lawyers with ad-hoc authorizations or reciprocal privileges are not foreign. Recognized foreign legal consultants may be considered foreign.
The client may or may not be in the reference or foreign jurisdiction when the communication occured.
If it makes the situation simpler, the foreign lawyer may be assumed to deal exclusively on the law of their licensing jurisdiction.
If it makes a difference, consider both situations where the client has or has not a nexus with the reference jurisdiction, e.g.,
- a client residing in the reference jurisdiction communicates with a foreign lawyer online on a matter of foreign law; are these communications protected in the reference jurisdiction?
- a foreign lawyer is found in the reference jurisdiction with files on their foreign clients; are those files privileged to the authorities in the reference jurisdiction?
Answers dealing with any aspect from any jurisdictions are welcome.