Victory for the professional secrecy between a lawyer and their client
The Court of Cassation overturned a decision by the Chamber of Instruction which had authorized the seizure of personal notes from a client (a pharmacist, suspected of having improperly obtained reimbursement for COVID-19 testing), following a consultation with a lawyer.
The Supreme Court reaffirms that professional secrecy is indivisible and inviolable, covering all documents related to a lawyer’s consultation, regardless of their form, written quality, or the continuation of the client-lawyer relationship.
Thus, in practice:
– regardless of whether the exchange aimed to establish a defense,
– regardless of whether the person chose a different lawyer later,
– regardless of whether the document in question takes the form of scattered thoughts.
Court of Cassation of March 3, 2026 (Appeal No. 25-85.994)
