When a client seeks professional legal advice and assistance from an attorney, the communications between the client and the attorney is eligible for protection under attorney-client privilege. Privileged communications between attorney and client is immune from discovery by an opposing counsel in the event of litigation. This protection enables full and frank communication between clients and attorneys. Attorney-client privilege affords absolute protection to privileged communications. It is a two-way protection covering communications originating from both the client and the attorney. Communications originating from contract attorneys and agents (including contract attorneys, patent agents, patent engineers and paralegals from non-US jurisdictions) are protectable under attorney-client privilege if the contract attorneys, patent agents, patent engineers or paralegals acted at the direction and control of the client's attorney.

Attorney-client privilege is different "the work-product doctrine" in the United States legal context. The "work product doctrine" protects materials collected or prepared by an attorney from discovery by an opposing counsel. Under the work-product doctrine, material that is collected or prepared in anticipation of litigation is not discoverable, unless the party seeking discovery can demonstrate that the sought facts can only be obtained through discovery and that those facts are indispensable for impeaching or substantiating a claim. Work products doctrine is broader than the attorney-client privilege. It protects materials prepared by the attorney, whether or not disclosed to the client, and it protects material prepared by agents for the attorney. Accordingly, work product generated by contract attorneys, agents (patent agents, patent engineers and paralegals) acting at the direction and control of the client's attorney (including in-house counsels) are non-discoverable.

Clairvolex attorneys, patent engineers and paralegals typically act at the direction and control of attorneys at law or patent attorneys of the instructing law firms or the companies. In both instances of Clairvolex servicing a Law Firm in the United States or a Company, the work products are generated at the direction and control of the attorney (in-house or the associates or partners of the law firm). Therefore, the Clairvolex work products are non-discoverable by an opposing counsel in the event of litigation. The position remains the same even if the billing arrangement is directly between the instructing US attorneys and Clairvolex.

The communications between Clairvolex attorneys, patent engineers and paralegals and the instructing attorneys come under attorney-client privilege as the Clairvolex attorneys, patent engineers and paralegals act as contracting attorneys or agents for the common client. Thus the communications between Clairvolex attorneys, patent engineers and paralegals and the instructing US attorneys are non-discoverable in the event of litigation involving the same.

In order to doubly ensure that the communications and work products generated by Clairvolex attorneys, patent engineers and paralegals are privileged and non-discoverable, we ensure that the generation of all legal work products (As for example opinion on patentability or patent infringement) are constantly monitored by the attorneys at the associate law firm.