This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country's bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This Note concludes that US courts should apply the attorney-client privilege to Japanese corporate quasi-lawyers.
Invoking the U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too,
21 Fordham Int'l L.J. 1558
Available at: https://ir.lawnet.fordham.edu/ilj/vol21/iss4/8