Why Hire an Attorney or a Law Firm to Conduct Workplace Investigations?
- Rod Bidgoli
- Sep 2
- 2 min read
Hiring an attorney to conduct a workplace investigation can offer significant advantages, particularly when there is a risk of litigation. Irvine | Bidgoli, P.C. Workplace Investigation attorneys conduct neutral and unbiased workplace investigations for California employers of all sizes.
Here's a breakdown of the key advantages of hiring an attorney:
1. Attorney-Client Privilege and Work Product Doctrine
This is the most crucial advantage. An investigation conducted under the direction of an attorney may be protected from discovery in litigation, meaning the other party may not be able to access the investigation notes, interviews, and report. This protection can be invaluable in a legal dispute. However, it's important to note that this privilege is not automatic and is subject to certain conditions and limitations. You should talk to your own attorney to see if one or more privilege(s) apply in your specific case.
2. Legal Expertise
Attorneys are trained in labor and employment law. They understand the nuances of legal issues like harassment, discrimination, and retaliation. This expertise helps them:
Identify the legal risks associated with a particular situation.
Ask the right questions to gather information that is relevant to potential legal claims.
Ensure the investigation is conducted in a way that is legally defensible and adheres to legal standards.
3. Maintaining Impartiality
A qualified attorney, especially one who does not regularly represent the company in other matters, can be perceived as more objective and neutral. This can be important for the credibility of the investigation, both internally and if the case goes to court. While private investigators are also expected to be impartial, an attorney's role as an officer of the court can add a layer of perceived impartiality.
4. Professional and Ethical Standards
Attorneys are bound by a strict code of professional conduct and ethics. This includes rules regarding competence, confidentiality, and conflicts of interest. This provides an added layer of assurance that the investigation will be conducted with integrity and professionalism.
