Attorney-Client Privilege

Understanding Legal Privilege

In Episode 1, our Partner, Payel Chatterjee, discusses what legal privilege is in India. She outlines when this privilege applies, who can waive it, and what communications fall outside the purview of privilege. She concludes by highlighting the exception to attorney-client privilege in India.

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What Communications are Protected?

Our Partner, Payel, explains how legal privilege operates differently depending on who is giving the advice. She examines whether legal privilege applies to in-house counsel in India, and touches upon how the involvement of consultants and other third parties can affect privileged communications, particularly during internal or regulatory investigations. Payel underscores the importance of carefully structuring corporate legal communications to avoid risk and protect confidential legal advice.

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Navigating Privilege in Arbitration

In this final episode, Payel examines how legal privilege applies to arbitration proceedings in India. She highlights the complexity that arises in cross-border arbitrations, where different legal systems interpret confidentiality and privilege differently. She concludes with a discussion of the factors tribunals often take into account when deciding on privilege claims.

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