Date: 15 December 2022
Time: 2:00 PM UTC
Duration: 60 min
Language: English
Format: Online
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Worldwide: A Comparative Approach to Professional Secrecy and Attorney-Client Privilege in Criminal Proceedings [REPLAY]

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.

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Yves Klein

Yves Klein is a partner at Monfrini Bitton Klein, Geneva, Switzerland. Admitted to the bar in 1997, he is a leading corss-border asset recovery, anti-corruption, business crime and contentions insolvency lawyer (Who's Who Legal Asset Recovery of the Year 2019; Chambers & Partners, Asset Tracing & Recovery, Band 1, 2019-2022).

Evin Durmaz

Evin Durmaz is an associate at Monfrini Bitton Klein, Geneva, Switzerland. Admitted to the Bar in 2020, she acts in complex cross-border asset recovery, anti-corruption, business crime, civil & criminal mutual judicial assistance and contentious insolvency.

Nicholas Surmacz

Nicholas Surmacz is an experienced trial lawyer and investigator who has served as lead counsel in numerous high-profile, cross-border matters involving fraud, bribery and other misconduct.  A U.S.-qualified attorney in Kobre & Kim’s London office, he represents corporations, executives and high-net-worth individuals facing investigations, enforcement actions and asset forfeiture efforts by global criminal and civil regulators, including the various components of the U.S. Department of Justice (DOJ), where he previously served as a senior member of the DOJ’s Fraud Section in Washington, DC.  He also has significant experience navigating cross-border treaty requests, including extradition, requests for evidence and INTERPOL matters.

Azizur Rahman

Aziz Rahman is a UK lawyer and founder of Rahman Ravelli - a market-leading international legal practice for white-collar crime, global asset tracing and recovery and commercial litigation that has been involved in some of this century’s most notable cross-border business crime cases. His specialist knowledge, tactical approach, track record and proactive, robust defence work have made him the logical choice for corporates, professionals and high net worth individuals requiring intelligent, astute representation in investigations involving national and international agencies. His achievements are highlighted repeatedly in legal guides and he is in demand to carry out internal investigations for clients.

Stéphane De Navacelle

Stéphane de Navacelle, managing partner of Navacelle, practices corporate litigation, predominantly in criminal law, regulatory, internal investigations, compliance, complex litigation and arbitration.

With over 15 years’ experience in investigations in France and abroad led in part in connection with French, Foreign or international organizations, he advises entities in rolling out and auditing ethics and compliance programs.

Former member of the Paris Bar Council (2017-2019), Bar disciplinary judge, he is the Bar appointee for influence through law.

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