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China Attorney - Client Privilege Rules and Regulations

As an experienced China private lawyer, I constantly have to consider the attorney client privilege problem.

I have a situation where a client has asked for several patent-related legal opinions.  The client has hired an outside consultant to assist them in the matter related to the opinions.  It's not a direct relation, but there is a tie between the work the outside consultant is doing and my legal opinions.

My questions are, if he sees the opinions, would this communication be protected and, would him seeing the opinions be deemed as a waiver of the A-C privilege?  I am familiar with the "functional employee" rule, but don't know if, or how, it would be applied here.  (I am also familiar with the "translator" rule, but I don't think it would apply here.)  Jurisdiction is China.

I searched various laws and regulations in China. Here is the answer:

If the consultant would be helpful to the legal strategy, advise the client to break up the contract, and then have you hire the consultant.  He should provide the work product to you as the attorney rather than directly to the client.  Then work his consulting into your legal advice.


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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.