Legal Professional Privilege In Criminal Investigations And Proceedings
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| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Judith Seddon |
| Publisher | : Law Business Research Ltd. |
| Total Pages | : 987 |
| Release | : 2018-01-19 |
| Genre | : |
| ISBN | : 1912377837 |
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
| Author | : United States. Department of Justice |
| Publisher | : |
| Total Pages | : 720 |
| Release | : 1985 |
| Genre | : Justice, Administration of |
| ISBN | : |
| Author | : Nigel West |
| Publisher | : The Law Society |
| Total Pages | : 381 |
| Release | : 2016-02-18 |
| Genre | : Law |
| ISBN | : 1784460443 |
The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
| Author | : Will Hayes |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2024-07-09 |
| Genre | : Law |
| ISBN | : 0192675230 |
Legal Professional Privilege in Criminal Investigations and Proceedings is concerned with the law of legal professional privilege and its practical application in criminal cases and internal investigations, providing a single point of reference for all criminal practitioners regardless of the type of case in which they are involved. Focused and structured around the practical issues that criminal lawyers encounter and the stage in proceedings at which they typically arise, the book offers guidance and analysis on issues such as communicating with third parties to obtain evidence for trial, invoking the crime-fraud exception in criminal proceedings, and the effect on privilege of disclosing the reasons for advice to answer no comment. The authors also discuss the relationship between privilege and powers of search and seizure, conducting privilege reviews, compelled interviews, reference to privileged material in an expert's report, and prosecution privilege and disclosure obligations. Finally, the volume addresses corporate co-operation and waiver of privilege, inadvertent waiver by lawyers at court, appeals based on criticism of previous legal representatives and fresh evidence, and the extent to which privilege can apply to internal investigation witness interviews and fact-finding reports. Legal Professional Privilege in Criminal Investigations and Proceedings will provide vital guidance for criminal defence lawyers - both solicitors and barristers - as well as those involved in the criminal justice system more widely, including prosecution lawyers, investigators, independent counsel undertaking privilege reviews, and members of the judiciary who are asked to determine privilege issues in criminal proceedings.
| Author | : Orin S. Kerr |
| Publisher | : |
| Total Pages | : 284 |
| Release | : 2001 |
| Genre | : Computer crimes |
| ISBN | : |
| Author | : American Bar Association |
| Publisher | : |
| Total Pages | : 151 |
| Release | : 1999-01-01 |
| Genre | : Criminal justice, Administration of |
| ISBN | : 9781570737138 |
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
| Author | : Lorena Bachmaier Winter |
| Publisher | : Springer Nature |
| Total Pages | : 440 |
| Release | : 2020-06-10 |
| Genre | : Law |
| ISBN | : 3030431231 |
The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.
| Author | : Alan Ingelson |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Environmental law |
| ISBN | : 9781552389850 |
"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.
| Author | : Partner Vivien Cochrane |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024-09-25 |
| Genre | : Law |
| ISBN | : 9780192859174 |
Legal Professional Privilege in Criminal Investigations and Proceedings concerns the law of legal professional privilege and its practical application in criminal cases and internal investigations, providing a single point of reference for all criminal practitioners regardless of the type of case in which they are involved. Focused and structured around the practical issues that criminal lawyers encounter, the book examines each key stage in criminal proceedings and the issues that typically arise, such as at the police station and during an interview under caution, when gathering evidence for trial, and during the course of self-reporting to the authorities. Among the many issues discussed are the application of the crime-fraud exception in criminal proceedings, the effect on privilege of disclosing the reasons for advice to answer no comment, the relationship between privilege and powers of search and seizure, conducting privilege reviews, reference to privileged material in an expert's report, prosecution privilege and disclosure obligations, inadvertent waiver by lawyers at court, and appeals based on criticism of previous legal representatives and fresh evidence. The authors also offer guidance and analysis on the extent to which privilege can apply to internal investigations, including witness interviews and fact-finding reports. Legal Professional Privilege in Criminal Investigations and Proceedings will provide vital guidance for criminal defence lawyers - both solicitors and barristers - as well as those involved in the criminal justice system more widely, including prosecution lawyers, investigators, independent counsel undertaking privilege reviews, and members of the judiciary who are asked to determine privilege issues in criminal proceedings.
