Presidential adviser and overall Renaissance man John W. Gardner once said, “Life is the art of drawing without an eraser.” While this may be an accurate description of the human condition, in the corporate world there is little room for error for in-house counsel conducting or managing an internal investigation. How-to guides published by the Association of Corporate Counsel and the American Bar Association are useful in that they are designed to provide the reader with a 10,000-foot view of the investigative process. But they are hardly adequate to prevent someone with little or no experience in conducting and managing investigations from committing catastrophic errors, errors that may later be perceived as negligent at best or the obstruction of justice at worst.
With the benefit of 20 years of experience conducting and supervising investigations without an eraser, here are my top five most common errors to avoid during an internal investigation.
Failing to conduct an investigation.
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