Warning the Witness A Guide to Internal Investigations and the Attorney-Client Privilege

    By David Z Seide and Gary Collins

    Warning the Witness A Guide to Internal Investigations and the Attorney-Client Privilege

    Warning the Witness A Guide to Internal Investigations and the Attorney-Client Privilege

    By David Z Seide and Gary Collins

    This guidebook covers the practical issues of attorney-client privilege in internal investigations. Any attorney who conducts an interview in an internal investigation faces a unique set of challenges, not least of which is the tension between representation of the corporate client and fair treatment of the corporate constituent.

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    This guidebook covers the practical issues of attorney-client privilege in internal investigations. Any attorney who conducts an interview in an internal investigation faces a unique set of challenges, not least of which is the tension between representation of the corporate client and fair treatment of the corporate constituent. This book addresses some of the more complex questions associated with the attorney-client privilege:
    • What best practices should corporate counsel follow when interacting with corporate employees while conducting internal investigations on behalf of the corporate entity?
    • What advice or warnings -- commonly referred to as Upjohn warnings, or corporate Miranda warnings -- should corporate counsel provide to corporate officers, employees, shareholders, directors and trustees?
    • Furthermore, how should counsel give those warnings?
    The book offers a Recommended Best Practices section that contains sample witness warnings; guidelines for corporate counsel who seeks to interview a constituent; supplemental oral warnings; and a list of topical issues and questions likely to arise in an internal investigation.

    Product Details

    Publishers

    ABA Book Publishing

    ISBN

    9781604429169

    Page Count

    130

    Product Code

    5090127

    Trim Size

    6 x 9 Paperback

    Publication Date

    5/24/2010 12:00:00 AM

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