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Rethinking Independence in Internal Investigations

5/10/2018 Articles

ACC Docket
May 2018
"Rethinking Independence in Internal Investigations"

By Katia BloomJessica Nall and Joshua Malone

Although an entirely new firm should be hired for an internal investigation in certain circumstances, imposing this sort of bright-line rule in every case may risk disqualifying a firm that is otherwise best equipped to handle a particular investigation. In many situations, investigative counsel can be diligent, objective, and independent despite having done some prior work for the client. Investigative counsel who are familiar with the inner workings of a company from a prior relationship can bring enhanced efficiency and understanding to the investigation that can be extremely beneficial to truthfinding as well as cost control. The point at which a prior counsel relationship may defeat independence must be considered on a spectrum.

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