Internal Investigations and Privilege – Recent Developments

    June 2017

    It is a commonly held misconception that if a lawyer is present, then any information gathering or witness interviewing will automatically be covered by legal professional privilege. In recent months, we have seen two high-profile decisions that have re-emphasized that this is most definitely not the case, to the detriment of those seeking to assert privilege.

    These two cases highlight the need to tread very carefully when gathering information, particularly in the context of internal investigations and criminal/regulatory investigations, and as to what will and will not be protected by legal professional privilege.