There is an art to conducting internal investigations. Anyone who tells you otherwise is probably wedded to a formulaic approach to internal investigations. Cookie cutters will not always get the job done.
When a company turns to an internal investigation, the board and senior management have to be careful – there are so many risks. The internal investigation has to focus on an end result and a vision for how to get there. Of course, you cannot plan out every possible twist and turn but like any investigation, counsel has to know where the investigation is headed and have a reasonable plan for how to accomplish the goal. Along the way, new tactics may be needed.
One of the most important issues is something that you never hear about. If outside counsel is needed, does the counsel and the team have the ability to obtain information from people? In other words, do they have the interviewing and interpersonal skills to secure information from officers and employees in the company? A company needs to consider this question and be honest about outside counsel’s capability.
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