The German Federal Court of Justice recognizes that information which became known to lawyers in the process of acquiring new clients may be subject to the right to refuse testimony

In its decision of 18 February 2014, the Federal Court of Justice (the “Court”) considered the right to refuse testimony to apply to any information which became known to a lawyer in the course of two telephone calls he made for the purpose of the acquisition of a new client. As a consequence, the Court declared the tapping of these calls as well as the failure to delete the recordings to be against the law. This reasoning is also valid for cartel cases. 1. Facts Upon the public prosecutor’s application the competent investigating judge issued the order to tap and record the telecommunication of a person (the “Accused”) who was suspected to be a member of a terrorist organisation. In the course of the implementation of this order two telephone calls made on one day from a lawyer (the

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Christoph Krüger, The German Federal Court of Justice recognizes that information which became known to lawyers in the process of acquiring new clients may be subject to the right to refuse testimony, 18 février 2014, e-Competitions February 2014, Art. N° 76451

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