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Decision of the Swiss Federal Supreme Court Reveals Gaps in the Protection of Legal Privilege

June 2014

In a recent decision, the Swiss Federal Supreme Court prohibited a Swiss qualified German lawyer working in the Geneva branch of a US law firm from registering with the Attorneys’ Register of the Canton of Geneva (ATF 140 II 102). This decision raises the issue of whether a lawyer not registered in Switzerland can claim legal professional privilege protection on behalf of the client under the recently revised federal procedural laws.

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