Ethical Issues Associated with Internal Investigations

Webinar (EDT)

John F. Fullerton, III, Member of the Firm, presents "Ethical Issues Associated with Internal Investigations," a webinar hosted by Lawline.

In an era of heightened government and regulatory scrutiny for employers across a wide ranges of laws and statutes, the importance for companies to perform their own thorough and effective internal investigations into allegations of wrongdoing has never been more apparent. In-house attorneys and outside law firms are frequently called upon to perform such investigations. When doing so, all attorneys must be mindful of the ethical duties and responsibilities that can be implicated in connection with such investigations. The failure to pay careful attention to these ethical obligations can have serious negative ramifications for both the corporate client and possibly the individual attorney as well.

Learning objectives include:

  • Identify the distinctions in the roles of fact investigator and legal advisor
  • Explore the rules of establishing and maintaining attorney client privilege and establishing and maintaining attorney work product protection
  • Grasp the nature and scope of various waivers of privilege, including:
    • General vs. Partial Waiver
    • Selective Waiver
    • Extrajudicial Waiver
  • Recognize the rules governing confidentiality of internal investigations
  • Understand the limitations on the use of Social Media in connection with internal investigations

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