Confidentiality of meetings between parties and lawyers: rules to know

Reminder of the rules governing the confidentiality of meetings held in the presence of the parties and their lawyers

According to Article 3 of the National Internal Regulations of the Legal Profession (“RIN”), professional secrecy covers correspondence exchanged between the lawyer and his client, consultations he sends to him, notes of their interviews as well as documents entrusted to him.

Article 3 of the RIN provides that exchanges between lawyers, whether verbal or written, are by nature confidential (unless they are correspondence equivalent to procedural acts or correspondence that does not refer to any writing or statement covered by confidentiality).

It is because of this double level of confidentiality that parties wishing to conduct discussions, whether in a contentious context or not, systematically use lawyers, to whom they entrust the task of communicating (orally or in writing) and exchanging the documents or information necessary for the progress of the negotiations.

The limits of confidentiality during meetings between parties and lawyers

Sometimes, these exchanges between lawyers are insufficient and the parties wish to be able to discuss directly with each other, or even meet in person.

The question then arises of the presence of lawyers, which everyone agrees will guarantee the confidentiality of the exchanges that will take place during these exchanges between the four parties (the parties and their lawyers).

Is this really the case? In other words, is the presence of the parties' respective lawyers sufficient to guarantee the confidentiality of documents and information exchanged during such meetings?

The exchanges that will take place during the meeting between the lawyers (that is to say in practice the information or documents emanating from the lawyers), are covered by confidentiality and therefore cannot be disclosed or used in court.

However, the situation is different with regard to information and documents disclosed by the parties themselves. Indeed, individuals who are not lawyers are not bound by any obligation of confidentiality, and therefore their communications are not covered by said confidentiality.

How can the confidentiality of discussions during meetings between parties and lawyers be guaranteed?

The mere fact that lawyers are present alongside their respective clients during a meeting is not sufficient to guarantee the confidentiality of the discussions that will take place there.

However, this can be remedied by having the parties ratify a prior confidentiality agreement.

It is therefore recommended that lawyers properly advise their clients on the usefulness of such an agreement before any meeting is held between the parties and their respective lawyers.

Jefferson Larue