Companies Should Hire Legal Counsel to Conduct Investigations

Corporations often hire outside legal counsel to conduct investigations for several important reasons:

Impartiality and Objectivity: Outside counsel can provide an unbiased perspective, which is crucial for ensuring the investigation is conducted fairly and without any internal conflicts of interest. This impartiality helps in presenting findings that are credible and trustworthy and based on facts and evidence.

Expertise and Experience: External legal experts, especially those with specialized knowledge, bring a level of expertise and experience that internal teams may lack. They are often familiar with best practices in conducting investigations and can handle complex legal issues more effectively.

Confidentiality and Protection: Using outside counsel can enhance confidentiality. Since external investigators are not part of the organization, there is a lower risk of sensitive information being inadvertently leaked or mishandled. Additionally, findings from an external investigation can be protected under attorney-client privilege, which is crucial if the investigation results in legal proceedings.

Resource Allocation: Investigations can be resource-intensive, requiring significant time and effort. By hiring outside counsel, a corporation can ensure that its internal resources are not overstretched and can continue focusing on their regular day-to-day duties.

Legal Compliance and Risk Management: External counsel can help navigate complex legal and regulatory requirements, ensuring that the investigation complies with all applicable laws. They can also assist in managing risks by providing legal advice on potential outcomes and mitigation strategies.

Enhanced Credibility: An investigation conducted by a reputable external firm can enhance the credibility of the process and its outcomes. This is particularly important in situations where the findings may be scrutinized by regulators, stakeholders, or the public.

Hiring outside legal counsel for investigations helps a company manage legal risks effectively while maintaining the integrity and credibility of the investigative process. The attorneys at May Oberfell Lorber, LLP are well versed in conducting internal investigations.

This article is for information purposes only and is not intended to constitute legal advice.