LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
5.2 Discovery and Third Parties As mentioned in 5.1 Discovery and Civil Cas- es , discovery is not covered by Lebanese law. However, the LCCP provides for the possibility to obtain evidence from third parties. During the proceedings, the court may intervene and order a person in the trial compelling them to submit a document in their possession. The court may also, on its own initiative or upon the parties’ request, order the retrieval of documents from official departments, if the parties are unable to obtain them. 5.3 Discovery in This Jurisdiction This is not applicable in this jurisdiction (see 5.1 Discovery and Civil Cases ). 5.4 Alternatives to Discovery Mechanisms According to Article 203 of the LCCP, a party may request the opponent to produce any docu- ment essential for the outcome of the dispute, provided that: • the law allows the above party to request such document production or deliverance; • the document is common between the requesting party and the opponent (the docu- ment is considered common if it is drafted in the interest of either party) or evidences their mutual rights and obligations; and • the opponent relied on the document at any time during the proceedings. Pursuant to Article 205 of the LCCP, if a party substantiates its request or the opposing party admits possession of the document, or remains silent, the court shall order the document to be produced either immediately or within a speci- fied timeframe.
However, if the opposing party denies posses- sion and the requesting party fails to provide sufficient evidence to support its claims, the opposing party must assert under oath that the disputed document either does not exist, that they are unaware of its existence or wherea- bouts, or that they have not concealed it nor been negligent in searching for it. 5.5 Legal Privilege Attorney-client privilege is explicitly established under the Lebanese Legal Profession Act, which applies exclusively to lawyers registered with the Bar. Article 92 of the Lebanese Legal Profes- sion Act prohibits lawyers from disclosing any information entrusted to them or acquired in the course of their professional duties, even after the termination of their mandate. Furthermore, lawyers are barred from testifying against their clients in any lawsuit in which they are currently, or have previously been, engaged as counsel. However, it is important to note that a lawyer may testify against their client in cases concern- ing the lawyer’s fees, with such testimony strictly limited to the matter at hand. Attorney-client privilege extends to in-house counsel, provided they are registered with the Bar. Additionally, the breach of professional secrecy by a lawyer may constitute a criminal offence under Article 579 of the Lebanese Criminal Code. An exception to attorney-client privilege was introduced by the Anti-Money Laundering Law No 44 of 2015, which imposes specific obliga- tions on lawyers in the fight against money laun- dering and terrorist financing. These obligations apply when lawyers engage in certain activities that generally fall outside their typical profes-
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