Witness interviews and internal investigations: practical checklist for lawyers on preserving legal professional privilege (legal advice and litigation privilege), including SFO investigations and criminal or civil proceedings

Published by a LexisNexis Dispute Resolution expert

Checklists

This Checklist sets out privilege considerations when interviewing witnesses or gathering background to a dispute, including when legal professional privilege (LPP) may apply. It gives guidance on conducting witness interviews, how to record interview notes to preserve privilege, and managing investigations, for instance in the context of a Serious Fraud Office (SFO) investigation...

Privilege

When speaking to potential witnesses or assembling background material, an interviewer’s notes may attract LPP, in the form of:

legal advice privilege—confidential communications between legal advisers and their clients made for the purpose of giving or receiving legal advice on the prudent and sensible course in the relevant legal context (Balabel, Taylor LJ)
litigation privilege—confidential communications between (1) legal advisers or their clients and (2) third parties, where the sole or dominant purpose of the communication relates to existing or contemplated litigation

Communications protected by legal advice privilege are not limited by the scope of litigation privilege (Three Rivers (No 6) at [617]). For further information on LPP, see Practice Note: Legal professional privilege in civil proceedings...

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Web page updated on 20/05/2026

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