Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Legal professional privilege definition

What does Legal professional privilege mean? Legal professional privilege is the protection that keeps confidential lawyer–client communications, and certain related documents, out of disclosure to courts, opponents, regulators and investigators. In practice, it is an umbrella (portmanteau) term for two heads of privilege: legal advice privilege (confidential communications between a lawyer and client for the purpose of giving or receiving legal advice) and litigation privilege (confidential communications with lawyers or third parties, and related documents, created for the dominant purpose of reasonably contemplated or existing litigation). It is a common law doctrine developed in case law (with some statutory recognition in specific contexts), applies...

Legal professional privilege in criminal investigations and internal corporate investigations: guidance on dawn raids, interviews, regulator engagement, DPAs and waiver (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

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The purpose of this Practice Note is to set out practical guidance on how best to keep Legal professional privilege (LPP) intact for the client throughout the various stages of a criminal investigation. For information on legal privilege and how it operates in a criminal context, see Practice Note: Legal Professional Privilege in criminal proceedings. For information about LPP in general terms, see Practice Note: Legal professional privilege in civil proceedings.

Preserving privilege during a dawn raid/search and seizure

One possibility is that individuals or corporate entities under investigation receive an unannounced visit at their premises or homes, enabling investigators to conduct searches of property and arrest them for the purpose of interviewing them; this is commonly termed a ‘dawn raid’. Many individuals and organisations are insufficiently prepared for such raids, and LPP material is frequently contained within computer files and scattered around the office or home, rather than separated off in electronic and hard copy files, clearly marked ‘Privileged and Confidential’. Where LPP material is stored on a computer, the relevant folders and documents should be identified and clearly marked as privileged, so that LPP material is not inadvertently accessed by the investigating officers...

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Áine Kervick

Kingsley Napley

Áine Kervick is an associate in the criminal litigation team and acts on a wide range of white collar and general criminal cases. She joined Kingsley Napley in 2014 and qualified as a solicitor in 2016. She currently acts for suspects and witnesses in respect of investigations brought by the SFO, CMA and DoJ in relation to bribery and corruption and cartel investigations. She was part of the team working on the LIBOR II trial which involved allegations of a conspiracy to manipulate the LIBOR rate in which the client was acquitted after a trial lasting nearly 4 months. Áine has a particular interest in the international dimension of criminal cases and advises individuals in respect of extradition requests. She is also experienced in acting for individuals in internal investigations with a focus on legal professional privilege in criminal...

Will Hayes

Kingsley Napley

Will is a barrister with a range of experience in general and white collar crime. He joined Kingsley Napley in 2017. Will was called to the Bar in 2013 and completed pupillage at a leading criminal set, where he represented clients in a range of hearings and trials in the magistrates' court, crown court and youth court. His experience covers the full spectrum of general crime, from road traffic matters and drug offences, to allegations of violence and dishonesty and prosecutions for sexual offences, often involving vulnerable clients. Will also has experience of financial and serious and complex crime, including working as part of the defence teams for Rebekah and Charlie Brooks in the phone-hacking trial and for a broker prosecuted by the SFO for allegedly conspiring to manipulate LIBOR. Prior to joining Kingsley Napley, Will was instructed as independent counsel by the Serious Fraud...

Web page updated on 21/05/2026

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