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Legal Privilege and SRA Investigations Unpacked: ReguLaw Podcast – Episode 5

In the next episode of our regulatory podcast ReguLaw, Partner and Regulatory specialist, Andrew Pavlovic, and Associate, Liz Pearson are joined by Adam Sher of Fountain Court Chambers. Adam has a broad commercial practice, but has a particular interest in all aspects of legal professional privilege. Adam has been involved in a number of important decisions in this area and frequently speaks and writes on the topic.

In this episode Andrew, Liz and Adam discuss:

  1. The concept of legal privilege and how it arises in SRA investigations, including by reference to the SDT case of Joel Woolf.
     
  2. The SRA’s contention that it can compel the production of privileged correspondence between a solicitor under investigation and his/her client.
     
  3. The bases for the SRA’s contentions and whether they stand up to scrutiny, including by reference to the case of the Financial Reporting Council v Sports Direct International plc.
     
  4. How firms and individuals are currently dealing with this issue in practice.
     
  5. A call to arms for a test case so the SRA’s position can be subject to further scrutiny.

You can listen to previous episodes of ReguLaw on SpotifyApple Podcasts, Soundcloud or our website.

We hope you enjoyed this episode of ReguLaw. If you have any questions or would like to feature as a special guest in a future episode, please get in touch with Partner Andrew Pavlovic.

Navigating the intricacies of English legal privilege is crucial for US and UK GCs, in-house counsel, and private practice lawyers. With our Check Your Legal Privilege tool, you can easily determine whether a document or communication is likely to be legally privileged or susceptible to disclosure in litigation.

This tool provides you with clarity and peace of mind, ensuring your confidential and privileged information remains protected.

Follow the guided prompts to input the relevant information about your specific circumstances. You will then be provided with a preliminary result and initial guidance on how to safeguard your privileged communications. You can access the tool here.