ETHICAL AND EFFECTIVE COLLABORATION AMONG COUNSEL AND INVESTIGATORS
Companies and counsel that partner with professional investigators to gather facts in complex investigations often achieve greater results than they would have on their own. However, professional investigators’ partnerships become undervalued when their successes are overshadowed by stories of bad conduct. Those problems can often be avoided through better understanding of each other’s roles and responsibilities, and better communication.
Key benefits investigators contribute to complex matters are discussed below, followed by model rules of professional conduct that apply to engagements and best practices for effective partnerships.
Investigators’ support
Companies, counsel and investigators successfully collaborate on both ‘reactive’ and ‘proactive’ investigations. The primary objective in a ‘reactive’ investigation is to determine whether certain alleged facts are true. A reactive internal investigation typically involves determining the veracity of allegations of misconduct within an organisation and the scope of any such misconduct.
Professional investigators can be valuable partners in gathering and analysing data in reactive investigations. Many investigative firms include or partner with computer forensics professionals, data analysts and forensic accountants. Their participation could be critical in getting to the bottom of complicated issues and demonstrating to authorities that the organisation took appropriate steps after receiving a report of misconduct.
Reactive investigations almost always require interviews. Professional investigators can complement attorneys at interviews in various situations, including ones in which they have greater subject matter expertise, can help bridge cultural differences or language barriers, or would be better positioned to testify about the interview if necessary.
Jul-Sep 2024 issue
Skadden, Arps, Slate, Meagher & Flom LLP