Internal Investigations (SC)

Lawyers do far more than represent a single client for a single outcome. Attorneys at nonprofits, law firms, the business sector, and in state and federal government advise and guide business leaders through complex investigations. Investigations help business leaders determine why a specific event occurred and ultimately recommend actions the organization can take to prevent similar incidents from occurring in the future. A poorly handled internal investigations can result in legal and monetary damages, reputational harm, and a negatively impact employee morale. This short course will explore the standard of evidence necessary to initiate an internal investigation, how they are conducted, and what remedial action(s) may follow from their results. The course will combine practical considerations that impact internal investigations with the legal parameters controlling them. Course work will be a combination of lectures and skills work such as conducting interviews, selecting the right investigating officer, advising an investigating officer and developing investigative plans. Junior attorneys are often asked to assist in internal investigations, whether they work for a private firm, business, or the government. Learning the ins-and-outs of internal investigations before diving into one will be a significant advantage. Specific topics will include: The circumstances that trigger internal investigations; Strategies for planning and conducting internal investigations; Interview tips for internal investigations – complainant, witnesses and accused; Conducting an intake interview; Determining if a full investigation is required; Considering the impact of collective bargaining agreements, Using the Freedom of Information Act; Considering remedial measures; Determining who should conduct the investigation; Creating an investigation action plan; Formulating interview questions; Conducting witness interviews; Interview with the accused; Analyzing the evidence when the interviews are finished; Preparing internal investigation reports; Determining course of action in conjunction with leadership; Closing out the case with the complaining party and the accused; Tips for avoiding retaliation accusations/claims.