Being the target of an investigation, even if the target is the company you represent, can be intimidating and stressful. Keep reading for tips on how to manage this type of situation.
The Investigation Has Begun…Now What?
Learning that your company, or someone in your company, is under investigation for any kind of wrongdoing brings a heightened sense of responsibility to your job as in-house counsel. There are a number of questions that need to be answered quickly and correctly as soon as an investigation begins. Protecting yourself during the investigation process should be a concern.
The one question that stands above all others is: Do we bring in outside counsel, and if so, when? Hiring outside counsel may be the best decision you can make to protect not only yourself, but the company you work for.
Although the decision to bring in outside counsel can be complicated, and should be taken seriously, a few other issues can be tackled while you’re making that decision. Some of the immediate questions you can answer include:
Is the person, or persons, under investigation a threat to the business or a potential lawsuit?: If those under scrutiny are likely to destroy evidence, risky to the business in any way, or have been in a compromised position before, it may be time to discuss these matters with HR.
How do you preserve evidence from the point of learning about the investigation? As in-house counsel, you’ll need to make sure that no evidence slips through the cracks or goes missing. This can be made even more difficult if the location of the investigation is outside of the headquarters where you work.
Another important thing to remember is to keep an open mind until all of the necessary evidence has been collected and you’ve heard both sides of the story. An investigation does not mean anyone is guilty of anything. Deciding whether to bring in outside counsel or not should now be the priority.
Deciding on Outside Counsel
As stated above, whether to hire outside counsel or not is the most important choice you’ll make when an investigation begins within the company you legally represent. There are a number of considerations when determining if outside counsel is needed. Things to think about include:
- The seniority of the person(s) under investigation
- Possible criminal exposure for the company
- Involvement of a Board of Directors in the investigation
- The importance of privilege protection
- Is specialized expertise needed?
Enlisting the help of outside counsel can sometimes be a tough decision, however there are some key circumstances where hiring outside counsel is necessary. Some situations where it is smart to hire outside counsel include:
Complex Legal Matters: In-house counsel usually consists of people with a broad range of legal expertise, however if the company you work for is under investigation for something that does not fit that range of experience, outside counsel is a must.
Possible Conflicts of Interest: If the investigation is focused on high-level executives or board members, hiring outside counsel is a good idea. In-house counsel has a personal stake in the future of the company, and if those leading it are under investigation, it’s best to have a non-biased party take over.
Cross-Jurisdictional Issues: If the investigation crosses state or international borders, it may be in the best interest of the company to hire outside counsel who is well versed in the laws of other states and countries. Investigations that span borders are complex and often need the experience of a team with knowledge of many jurisdictions.
Hiring outside counsel shows that you want to protect the interests of the company. Outside counsel is impartial, credible, and prevents internal bias. It also shows the employees of the company, as well as those scrutinizing the company, that you take the investigation seriously.
Other Methods of Protection for In-House Counsel
While hiring outside counsel offers the most protection to in-house counsel, there are some other strategies you can use to ensure protection during an investigation. Some of these strategies for protecting yourself during an investigation include:
Maintaining Confidentiality: Do not discuss the investigation with anyone outside of it, and especially not on social media. Use secure communication channels when you do discuss it within the company.
Documenting Everything: Keep records of everything that transpired during the investigation. These documents and records may be needed if the investigation turns into a lawsuit.
Safeguarding Existing Documents: Suspend any routine document destruction and let the appropriate employees know that evidence needs to be preserved.
Following these strategies for protecting yourself during an investigation will help alleviate some of the stress that accompanies an investigation. Looking for outside counsel to represent your company during an investigation will offer the most protection and peace of mind.
Hiring Outside Counsel
If the company you represent needs assistance during an investigation, the legal team at the Law Offices of Robert J. DeGroot is ready to help. Experience, skill, and trustworthiness are paramount when representing any client. Our range of knowledge and expertise are an asset in helping your organization through any investigation.
Looking for outside counsel to assist during a criminal investigation? Look no further than the Law Offices of Robert J. DeGroot!
