Das Anwaltsprivileg und sein zivilprozessualer Schutz

The confidential relationship between lawyer and client is essential if the lawyer is to protect the client's interests competently. If the lawyer wants to act effectively on behalf of his client in civil proceedings, he will require all the necessary information which has to be given to him mainly by his client. The client will of course only give him this information if he can rely on the fact that his lawyer will not misuse this information or cannot be forced to disclose it. Thus the lawyer must have the right to withhold this information. In a study of comparative law, Robert Magnus examines the scope and the limitations of legal professional privilege in Germany, France and England. His conclusion is that in a comparison with the laws of other nations the German regulations seem to be rather flimsy and are in need of a critical analysis.