Key takeaway

• The English High Court has ruled that notes, transcripts and records of employee interviews prepared by lawyers during an internal investigation are not generally protected by legal advice privilege.
• Interview notes will only be covered by legal advice privilege if they record communications between legal advisers and those company employees authorised to seek and receive legal advice.
• For interview notes to be considered lawyers’ privileged working papers, the party claiming privilege must demonstrate that the documents provide a clue as to the legal advice given to the company.