Frequently Asked Questions (FAQ)

What is involved in initiating an investigation?

When asked to conduct an investigation, we start by doing a “conflict check” to ensure our ability to conduct the investigation in an independent and impartial manner. To that end, we ask for the name of the person making the complaint, the person against whom the complaint has been made, and the names of other material witnesses and decision-makers involved in the case. If there is no conflict, we provide our clients with an engagement letter that sets out the terms of the engagement, including a general description of the scope, our fees, and our confidentiality provisions.

To start the investigation, we meet with our client contact to learn more about the issues and the parties so that we can begin to develop an investigation plan. As appropriate, we also provide our clients with our pre-investigation checklist, which identifies a variety of decisions that typically need to be made before the investigation begins and which helps them identify the information, documentation, and other materials we will need to conduct the investigation.

What do you need from your client?

First and foremost, we need our client to clearly define the scope of the investigation early in the process. We also need our client to designate a contact who will be responsible for overseeing the investigation process, coordinating interviews and document requests, and who will be available to address issues as they arise during the investigation.

How do you deal with “scope creep”?

Issues outside the original scope of an engagement often arise during an investigation. When they do, we alert our clients and discuss whether to expand the investigation to include those new issues. Ultimately, this is the client’s decision.

Is your work product confidential?

Our investigations are always confidential, meaning that we never discuss the details of an engagement outside the client relationship unless we are compelled to do so through the legal process. Under some circumstances, our investigations may also fall within the attorney work product protections.

Do you ever talk to the media about your investigations?

No, we never speak to the media about a client investigation, and we strongly encourage our clients to refrain from discussing the investigation with the media while it is ongoing.

Do you render legal conclusions?

No, our role is to make factual findings that will allow an attorney to reach legal conclusions, if necessary.

Do you record your interviews?

Whether interviews are recorded is typically our client’s decision. Some investigations involve represented parties, and the associated collective bargaining agreements may afford its members the right to request that an interview be recorded. Sometimes, witnesses bring their own recorders. We discuss these potential scenarios with our clients before and during the investigation.

How can we control costs?

The first step toward controlling investigation costs is to clearly define the scope. Other ways to control costs include designating a client contact to schedule interviews and where appropriate, to assist the investigator in the collection and analysis of required documents. Scheduling multiple interviews over a period of a day or days instead of spreading them out over days or weeks also saves time and reduces costs. Fundamentally, this requires that our clients prioritize the investigation and compel cooperation of the parties.

How can I learn more?

If you have a question that is not answered here, contact us by email or phone. Please include your name and phone number or email address, so that we can follow up.