News

Law

Asset Management

Investment Banking

Wealth

Hedge Funds

People

Newsletters

Events

Lists

Legal Services

Why bankers under investigation should check their privilege

It has long been recognised that advice given by lawyers to their clients is protected — but the scope of this legal privilege is narrowing

The Royal Courts of Justice building in London
The Royal Courts of Justice building in London Photo: Getty Images

Banks could be discouraged from carrying out internal investigations because of controversial limitations on whether or not legal advice can be kept confidential. Some senior judges are now calling for changes to the law.

It has long been recognised by the English courts that advice given by lawyers to their clients is protected by legal privilege, meaning that clients cannot be compelled to disclose such advice to anyone else, including prosecution authorities and the court itself.

WSJ Logo