When The Attorney Is The Investigator

Law360, New York (November 9, 2011, 7:35 PM EST) -- Companies often ask attorneys to perform investigations into sensitive or higher profile employee issues. Often, there may be an assumption that some privilege will attach as long as the person performing the investigation is an attorney. However, attorneys perform many different functions for businesses, and they can perform many different functions within fact investigations as well. Some functions are privileged, and some are not.

In most cases, the contours of the applicable attorney-client and work product privileges can be drawn with some level of precision if...
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