There is no distinction drawn between legal professional privilege in the context of civil, criminal, regulatory or investigatory situations.

Any communication that satisfies the requirements of legal professional privilege is protected. As such, where interviews are conducted with employees of a client for the purposes of carrying out an investigation, then such information will be privileged as such information is given for the purposes of giving legal advice. It is worth noting here that, prior to the start of each interview, the attorney should make it clear to the employee that they represent the employer and that the interviews are conducted in furtherance of the giving of legal advice to that same employer and as such the information arising from the interview is privileged.

Documents produced by attorneys during the investigation process, for the same reasons as stated above, will also be privileged.