Privilege and Work Product
Attorney-Client Privilege
Internal investigations are typically conducted by counsel to preserve privilege, involving document review, employee interviews, and factual findings. Scope, reporting structure, and independence vary with the allegations.
Upjohn warnings are given to interviewed employees.
Alternative Names:
Corporate Internal Investigation, Internal Inquiry
Why it Matters?
Structuring the investigation for privilege from the outset determines whether the findings remain protected, since an investigation conducted by human resources or compliance without counsel direction is frequently discoverable. The other structural decision is whether to produce a written report, because a report crystallizes findings that may later be sought while an oral briefing leaves less to produce. Both choices should be made before the investigation begins.
Frequently Confused with
Related terms
Frequently asked questions
How is privilege preserved?
Should a written report be prepared?
