Page 9 - Harassment Investigations Booklet
P. 9
Some companies prefer to use members of the legal department to conduct certain kinds of investigations. Generally, the fact of the investigation and the conclusions are beneficial for use in defending against claims based on the underlying conduct. At the same time, the company will want some information to remain privileged, such as advice and/or strategy on the order or method of investigating witnesses, the analysis of risk, and other potentially legal issues. It is important to maintain privilege over these areas. Using a member
of the in-house counsel team as an investigator could cause that attorney to be a witness in any subsequent litigation or investigation, and could create confusion about what information is privileged.
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