The right to the confidentiality of communications between clients and their lawyers is a key element of our legal systems, protected since Roman law.
There is probably no occasion when that protection comes under more challenges than in the context of criminal investigations.
This is all the more so in the context of cross-border investigations, where different approaches may lead to conflicting results.
This webinar will try to respond to some of the most pressing questions by giving perspectives from France (Stéphane de Navacelle), Switzerland (Evin Durmaz), the United Kingdom (Azizur Rahman) and the United States of America (Nicholas Surmacz).
The topics addressed will be:
1. Who is a lawyer and what is protected?
a. Differences of approaches between the civil law approach of
professional secrecy and the common law approach of attorney-client
privilege
b. Foreign lawyers
c. In-house counsels
d. Internal investigations
e. Typical vs atypical activities of lawyers
f. When the lawyers is a suspect
2. Mechanisms of lifting confidentiality and protecting it
a. The examination of lawyers
b. Sorting of seized material
Please do not hesitate to send us questions for the Q&A session.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.