Corporate outside counsel are often called upon to handle a variety of tasks for their clients, from representing them at trial to conducting internal investigations or review of procedures. Outside counsel may also be the representative of the client for purposes of receiving and responding to inquiries, including from the government.
If a client is subject to a formal governmental investigation, that client will often retain counsel who specializes in that sort of defense. However, there can be additional risks for a client and outside counsel when the FBI or another governmental agency with enforcement power makes an inquiry regarding a client who is not subject to a formal investigation. An agent could come to outside counsel—announced or unannounced—to ask questions about the client’s business, relationships or financials.
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