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  • 1.

    Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that protect communications between an attorney and a client from disclosure.

  • 2.

    Describe any relevant differences in your jurisdiction between the status of private practitioners and in-house counsel, in terms of protections for attorney-client communications.

  • 3.

    Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that provide protection from disclosure of tangible material created in anticipation of litigation.

  • 4.

    Identify and summarise recent landmark decisions involving attorney-client communications and work product.

  • 5.

    Describe the elements necessary to confer protection over attorney-client communications.

  • 6.

    Describe any settings in which the protections for attorney-client communications are not recognised.

  • 7.

    In your jurisdiction, do the protections for attorney-client communications belong to the client, or is secrecy a duty incumbent on the attorney?

  • 8.

    To what extent are the facts communicated between an attorney and a client protected, as opposed to the attorney-client communication itself?

  • 9.

    In what circumstances do communications with agents of the attorney or agents of the client fall within the scope of the protections for attorney-client communications?

  • 10.

    Can a corporation avail itself of the protections for attorney-client communications? Who controls the protections on behalf of the corporation?

  • 11.

    Do the protections for attorney-client communications extend to communications between employees and outside counsel?

  • 12.

    Do the protections for attorney-client communications extend to communications between employees and in-house counsel?

  • 13.

    To what degree do the protections for attorney-client communications extend to communications between counsel for the company and former employees?

  • 14.

    Who may waive the protections for attorney-client communications?

  • 15.

    What actions constitute waiver of the protections for attorney-client communications?

  • 16.

    Does accidental disclosure of attorney-client privileged materials waive the privilege?

  • 17.

    Can attorney-client communications be shared among employees of an entity, without waiving the protections? How?

  • 18.

    Describe your jurisdiction’s main exceptions to the protections for attorney-client communications.

  • 19.

    Can the protections for attorney-client communications be overcome by any criminal or civil proceedings where waiver has not otherwise occurred?

  • 20.

    In what circumstances are foreign protections for attorney-client communications recognised in your jurisdiction?

  • 21.

    Describe the best practices in your jurisdiction that aim to ensure that protections for attorney-client communications are maintained.

  • 22.

    Describe the elements necessary to confer protection over work product.

  • 23.

    Describe any settings in which the protections for work product are not recognised.

  • 24.

    Who holds the protections for work product?

  • 25.

    Is greater protection given to certain types of work product?

  • 26.

    Is work product created by, or at the direction of, in-house counsel protected?

  • 27.

    In what circumstances do materials created by others, at the direction of an attorney or at the direction of a client, fall within the scope of the protections for work product?

  • 28.

    Can a third party overcome the protections for work product? How?

  • 29.

    Who may waive the protections for work product?

  • 30.

    What actions constitute waiver of the protections for work product?

  • 31.

    May clients demand their attorney’s files relating to their representation? Does that waive the protections for work product?

  • 32.

    Does accidental disclosure of work-product protected materials waive the protection?

  • 33.

    Describe your jurisdiction’s main exceptions to the protections for work product.

  • 34.

    Can the protections for work product be overcome by any criminal or civil proceedings where waiver has not otherwise occurred?

  • 35.

    In what circumstances are foreign protections for work product recognised in your jurisdiction?

  • 36.

    Who determines whether attorney-client communications or work product are protected from disclosure?

  • 37.

    Can attorney-client communications or work product be shared among clients with a common interest who are represented by separate attorneys, without waiving the protections? How may the protections be preserved or waived?

  • 38.

    Can attorney-client communications or work product be disclosed to government authorities without waiving the protections? How?

  • 39.

    Are there other recognised privileges or protections in your jurisdiction that permit attorneys and clients to maintain the confidentiality of communications or work product?

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Founded in 1989, Momo-o, Matsuo & Namba (“MMN”) is based in Tokyo, Japan and offers a complete array of corporate legal services to its domestic and international clients.  

View more information about Momo-o, Matsuo & Namba


Tokyo
Kojimachi Diamond Building
4-1 Kojimachi Chiyoda-ku
102-0083
Tokyo
Japan
T: +81 3 3288 2080
F: +81 3 3288 2081


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