The crisis of attorney-client privilege of in-house attorneys in Colombia: Towards an interpretation proposal based on a comparative law study

The purpose of this paper is to display the limitations that certain authorities in Colombia have placed on attorney- client privilege of in-house lawyers (those who are linked to their client through a labor contract), and the risks that those limitations suppose. This is based on the interpretations that the Colombian authorities have adopted from other jurisdictions, mainly European courts. This paper aims to advocate for the protection of attorney-client privilege of in-house attorneys, citing historical criteria on the lawyer-client relationship, the independence of the in-house lawyer, and the importance of protecting attorney-client privilege in order to promote access to justice, using constitutional case law and the United States precedent as a guide. Finally, this paper seeks to propose a solution to the problem raised, by strengthening the disciplinary statutes of lawyers, increasing the production of legislation to cover the regulatory gaps on the matter, and establishing procedural controls that may harmonize the relationship between attorney-client privilege and the search for the truth.