Virginkar Discusses Ruling on Attorney-Client Privilege in Manafort Money-Laundering Case
November 3, 2017
Global Investigations Review
Partner Rohan Virginkar is quoted in a Global Investigations Review article, “A Rare Ruling in Manafort Case Highlights Privilege limitations,” about a judge’s ruling that Special Counsel Robert Mueller’s team can question a former lawyer for President Trump’s ex-campaign manager, Paul Manafort, and his business partner, Richard Gates, about letters she submitted to the U.S. Department of Justice on their behalf under the Foreign Agents Registration Act.
Virginkar said the language in the judge’s opinion reinforces the reality that attorney-client privilege is narrowly interpreted in criminal investigations.
“Many discussions between lawyers and clients that relate to disclosures that will be made – including, like here, to the government – may not be covered by privilege,” he said, adding, “In many cases you will still have the work product protections as a back-stop to prevent disclosure.”
Virginkar said the language in the judge’s opinion reinforces the reality that attorney-client privilege is narrowly interpreted in criminal investigations.
“Many discussions between lawyers and clients that relate to disclosures that will be made – including, like here, to the government – may not be covered by privilege,” he said, adding, “In many cases you will still have the work product protections as a back-stop to prevent disclosure.”
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