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On Demand

A Legal Toolkit for Investigators to Handle Privilege Issues

Credit Available - See Credits tab below.

Internal Investigators |  External Investigators |  Advanced |  Beginner
Eli Makus
60 minutes
Audio and Video
Original Program Date:
Apr 06, 2023
Never expires.


Session Description:

In this webinar, participants will learn about two key privileges that impact our work as impartial investigators: attorney-client privilege and the attorney work product doctrine. Both impact the confidentiality of the investigation you conduct, including who can see your work and when. However, the application of these privileges can also expose investigators to questions of bias and lack of impartiality. We'll discuss strategies for resolving these issues and becoming an expert on how privilege impacts your investigations.

Learning Objectives:

  1. Understand the basics of attorney-client privilege and work product doctrine
  2. Learn to describe how these privileges impact your investigations
  3. Develop strategies for responding to assertions of bias or lack of impartiality
  4. Tips on preparing to answer questions at your deposition on point


The contents of this webinar and the positions taken are those of the presenter only, may be time sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice. 



SHRM PDCs: 1.0


California MCLEs: 1.0



Eli Makus's Profile

Eli Makus

Senior Partner

Van Dermyden Makus Law Corporation

Eli Makus, AWI-CH, is the Managing Partner of Van Dermyden Makus Law Corporation. Eli conducts and manages neutral, unbiased investigations on complex and sensitive matters. He is experienced in all areas of employment law, including discrimination, harassment, retaliation, disability accommodations, protected leaves of absence, whistleblower claims, privacy, wage-hour compliance, and reorganizations. His clients include private employers and a variety of public agencies, including state agencies, counties, cities, school districts and special districts throughout California. Eli trains and speaks extensively on conducting workplace investigations. Eli has helped employers implement successful internal investigation programs and trained lawyer and non-lawyer investigators how to conduct thorough, prompt, and impartial workplace investigations.