Investigation Best Practices from a Litigator's Lens

SESSION DESCRIPTION

Learn what mistakes to avoid in the investigation process based on cases that have been litigated and investigators who have been deposed. 

Understand the importance of identifying and documenting the questions being investigated before the investigation commences and why this is essential in order for the investigator to select the right witnesses, focus on the key factual issues during the witness interviews, and include only the relevant facts in the final report. 

Best practices learned from prior cases in litigation will include a discussion of the following topics: 

• What factors should be considered in deciding whether an investigation should be conducted by an internal investigator, legal counsel, or an outside investigator? 

• What are the potential risks of using legal counsel as the investigator? 

• What factors should be considered in selecting an independent investigator? 

• What types of tort claims may be arise during an investigation and what steps can be taken to lessen the risk of the investigator being sued? 

• What are the key factors that should be considered in preparing the final investigation report that will stand up to the test of litigation? 

• How does the investigator identify what facts to include in their report and prepare a factual report that tells an accurate story and paints a clear picture? 

• What steps must the investigator take to insure neutrality in the investigation process and in the final report? 

• What are some best practices for an investigator to follow that may lessen the risk of exposure to litigation and enable the investigator to be well prepared in the event of a deposition relating to their investigation? 

LEARNING OBJECTIVES

1. Understand how an investigation report may be used in litigation and learn how to prepare a solid report that will stand up to the test of litigation and allow an investigator to be well prepared for a deposition. 

2. Learn what mistakes to avoid in the investigation process and some best practices for conducting an investigation based on examples from cases that have been litigated. 

3. Learn why it is important to clearly define the questions and issues being investigated at the very beginning of the investigation process and how doing so will assist the investigator in identifying witnesses, preparing appropriate witness questions, and obtaining critical facts necessary to determine whether the allegations being investigated are substantiated by the facts. 

4. Learn to investigate looking through a neutral lens, asking neutral questions and not prejudging the outcome. 

Disclaimer: 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.  

Cancellation Policy: If you must cancel your webinar registration and do so on or before Tuesday, April 12, your webinar registration fee will be refunded. To cancel your registration, email office@awi.org. There will be no refunds for cancellations received after Tuesday, April 12.