The attorney-client privilege pertains to the confidential
exchange of information between an attorney and their client with
the intention of seeking legal counsel. Closely related is the work
product doctrine, which protects materials an attorney prepares in
anticipation of litigation. Both attorney-client privilege and the
work product doctrine prevent the disclosure of certain information
to opposing parties during discovery or under government
investigation unless limited exceptions apply.
In the United States, preserving privilege during internal
investigations is crucial due to the risk of ensuing litigation and
the extensive discovery rights of the opposing party. The intricacy
intensifies in cross-border investigations, particularly when
navigating the divergence between the U.S.'s common law and
China's civil law systems, with their distinct evidentiary and
procedural standards.
