Swiss Federal Tribunal Denies Legal
Privilege Protection for Correspondence
between Non-Accused Persons and
Non-Swiss/EU/EFTA Lawyers

The Swiss Federal Tribunal ruled in a recent milestone decision that, in criminal proceedings, communications between a non-accused person and their lawyer are protected from seizure by the prosecuting authorities only if such lawyer is a Swiss/EU/EFTA practitioner. Therefore, unless the person is the target of the investigation, their communications with a non-Swiss/EU/EFTA lawyer do not benefit from the attorney-client privilege protection and may be seized and used as evidence by the prosecuting authorities. This could have a noticeable impact on communications with US lawyers, among others. Bär & Karrer Briefing July 2021