Kirk, Thornton-Dibb Discuss Privilege in Global Investigations Review

November 29, 2017

McGuireWoods lawyers Andrew Thornton-Dibb and David Kirk co-authored, with two barristers from Outer Temple Chambers in London, a detailed chapter on legal privilege under English law for Global Investigations Review, a journal analyzing the law and practice of international investigations.

The chapter addressed 34 distinct questions about the confidential bond between lawyer and client and circumstances that could threaten it. Beyond a thorough explanation of privilege, when it applies and the types of legal privilege recognized in courts in England and Wales, the authors discussed the documents privilege covers, notable caveats and exceptions to privilege, whether privilege can be waived (and who can waive it), sanctions for violating privilege, and whether privilege terminates upon the death of either the lawyer or client.

Kirk, who was chief criminal counsel to the UK Financial Conduct Authority before joining McGuireWoods London, represents clients in financial crime investigations. Thornton-Dibb — an international attorney based in Washington, D.C., and admitted in England and Wales — represents clients on matters involving global fraud and corruption.