Áine Kervick

This Practice Note explains the issues relating to legal professional privilege which arise in cross-border criminal investigations and the practical steps which should be taken to protect legal professional privilege in multi-jurisdictional criminal investigations.

This Practice Note explains how legal professional privilege (LPP) can be maintained for clients during the course of a criminal investigation including during dawn raids, during regulator searches and during interviews under caution and compelled interviews. The steps to be taken during internal investigations to preserve privilege (legal advice privilege and litigation privilege) are highlighted and privilege issues to consider when advising and preparing internal investigation reports into suspected criminal breaches are also included.

This Practice Note explains the scope of privilege against self-incrimination. It covers when privilege against self-incrimination may be raised in criminal proceedings and coroner inquests and the practical considerations when advising clients during criminal investigations, interviews and during criminal hearings.

This Q&A considers whether without prejudice documents in civil proceedings could be seized and used by regulators in regulatory or criminal proceedings (using their powers of compulsion) or if such documents will be protected by privilege.

This Checklist explains the steps which should be considered in order to maintain legal professional privilege (LPP) during a criminal investigation. It includes issues relating to legal advice privilege and litigation privilege to consider at the outset of an internal investigation into suspected criminal offences as well as issues of legal privilege which might arise during an internal investigation including issues relating to document management, correspondence with legal representatives and instructions to/from, and communications with, third parties.