To write or not to write: that’s the question for lawyers conducting internal investigations. When Baylor University decided to ask for an oral rather than written report on its recent internal probe of sexual assault by football players on campus, some eyebrows were raised.
But school officials had good reason to be concerned about putting details in writing. The confidentiality of written reports is increasingly being challenged in discovery. Or the contents can be leaked. Either way, such reports can provide a road map to regulators, prosecutors and opponents in civil suits.
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