The many moving parts of an internal investigation Have all appropriate documents been preserved and adequately reviewed? Have all relevant witnesses been identified and interviewed? Have they been given proper Upjohn warnings? make the process of conducting one a demanding task. But attorneys conducting internal investigations must also keep their eye on the investigation’s “end product” i.e., the investigation report. Reporting on internal investigations is not as simple as putting pen to paper after all the documents have been reviewed and the witnesses interviewed. Attorneys conducting investigations must be aware of the choices they will face in reporting, and address the risks that reporting poses, throughout the investigation process.
A detailed written report allows the client to preserve the investigation’s results in comprehensive and permanent form. However, the report may contain damaging evidence and admissions, and confidentiality cannot be guaranteed. There is always a risk that a report may be leaked, or that harmful information in it may be obtained by a third party by subpoena or through civil discovery. Moreover, if the disclosure of an internal investigation report is found to waive an applicable privilege, that waiver may extend beyond the report itself.
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