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On Demand

The Ethics of Workplace Investigations

Ethics |  External Investigators |  Internal Investigators
Eli Makus |  Sue Ann Van Dermyden
1 Hour
Audio and Video
Original Program Date:
Jan 19, 2016
Never expires.


Each participant in a workplace investigation has a different role to play and faces different ethical obligations and pitfalls along the way. This webinar will explore the ethical issues that in-house attorneys, external counsel, investigators and plaintiffs' or complainants' attorney face when conducting, supervising and representing parties in workplace investigations. In addition to ethical obligations around zealous advocacy and maintaining privilege, the presentation will consider the following ethical rules:

California Rules of Professional Conduct

  • Rule 2-100 Communication with a Represented Party
  • Rule 3-100 Confidential Information of a Client
  • Rule 3-110 Failing to Act Competently
  • Rule 3-500 Communication [with Client]
  • Rule 5-210 Member as Witness

ABA Model Rules

  • Rule 1.1 Competence
  • Rule 1.3 Diligence
  • Rule 1.4 Communications
  • Rule 1.13 Organization as Client
  • Rule 3.7 Lawyer as Witness
  • Rule 7.1 Communication Concerning a Lawyer's Services


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. 




Eli Makus's Profile

Eli Makus

Senior Partner

Van Dermyden Makus Law Corporation

Eli Makus, AWI-CH is an employment attorney whose practice is focused on conducting impartial workplace investigations. Eli is the Managing Partner of Van Dermyden Makus Law Corporation. With more than twenty attorneys, Van Dermyden Makus is one of the largest law firms in the country devoted to providing neutral legal services, including conducting workplace investigations. Drawing upon his extensive employment law background, Eli conducts complex and sensitive investigations involving a variety of workplace complaints for public and private employers throughout California. Eli regularly trains on employment law topics, including training internal and external investigators on how to conduct impartial workplace investigations. Prior to focusing on workplace investigations, Eli served as in-house employment and medical staff counsel for a large healthcare provider. There, in addition to providing employment law advice and counsel, he conducted and supervised investigations and helped develop an internal investigations program. Before that, he worked for a large Northern California law firm representing employers in a variety of employment law matters.  Eli is the President for the AWI Board of Directors and regularly serves as Faculty for AWI’s Training Institute. Eli earned his law degree from King Hall School of Law at the University of California, Davis.

Sue Ann Van Dermyden's Profile

Sue Ann Van Dermyden

Van Dermyden Makus Law Corporation

Sue Ann Van Dermyden, AWI-CH, is a founding and senior partner of Van Dermyden Makus Law Orporation (formerly Van Dermyden Maddux) She has been an employment attorney since 1993, with her practice now focusing on workplace and Title IX investigations. She leads an experienced team of attorneys and provides expert witness testimony on employment matters. Sue Ann is known as a national speaker, having regularly presented training seminars on investigations to thousands. She has also written extensively on employment matters. Sue Ann is a founding member and former Past President of the Association of Workplace Investigators (AWI) and the co-chair of the Workplace Investigations Subcommittee with the American Bar Association, Employee Rights & Responsibilities section. Through her experience as an investigator, author, lecturer, lawyer, and student of investigative technique, Sue Ann is familiar with the California standards for conducting independent workplace and Title IX campus investigations.


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