Internal Investigations And Preventive Safety Audits: You Are What You Document

This paper will address methods for minimizing liability and protecting materials from disclosure as result of self- evaluative audits and internal investigations. Specifically, the paper will cover the role of counsel in the investigative process and how best to design and conduct internal investigations to minimize the development of problematic material and disclosure of information. The paper will also address the extent of privileges that may be relied upon to protect materials and information from disclosure. These include the attorney-client privilege, the self-critical analysis privilege, and the attorney work product privilege. These privileges are qualified and understanding the limits of their coverage is essential to minimizing liability.