What do attorney investigators need to do? Attorney investigators need to give Upjohn warnings, at least. Upjohn is akin to corporate Miranda? So Miranda is, “You have the right to remain silent, ……..” Corporate Miranda is usually regarded as Upjohn because of the case that it stems from. Upjohn’s warnings
What do you do if there’s no policy related to the issue that you’re investigating? People get caught up in this and it doesn’t really concern me one way or the other. If a client has hired me to investigate a thing, I’m going to go investigate that thing. Sometimes,
What do you do if someone is not answering your questions? This can be really frustrating and people can inadvertently avoid answering questions, either because they’re nervous or because they don’t have the information that you’re after anyway, and so they’re just trying to be helpful. But at the end
What do you do if you have an investigation but there is no one to interview? This can come up because there was nobody around or because our witness made themselves unavailable. Those are really hard. So acknowledge to yourself that you got a doozy of a case and then
What do you do if you need the help of another investigator? I think the first thing you do is acknowledge that this will come up in your career before it comes up so that you have resources before you need the help. Everyone needs to bounce issues off somebody
What can I do if I am investigating a nonprofit? A lot starts to be different because nonprofits are who they are. Notably, they tend to be very frugal organizations. So perhaps reduce your billable hour to recognize a good cause. But also recognize that frugality is probably a theme
What do you do if you need evidence from a client? You ask for it. If it is more than a couple of current emails, you need to raise the flag about preserving the evidence in a way that most corporate IT departments do not know how to do. You
What do you do if you make somebody uncomfortable? First of all, try super hard not to do that because you are affecting the quality of your investigation. But sometimes weird things come out of your mouth or unintentional comments come out. Things come out in ways you didn’t mean,
What do you do if someone is accused of mansplaining? Like anything, we have to start by defining what “mansplaining” means. We always think we know what it means, but how is a person who’s complaining using that term? Is the person who is mansplaining just engaged in that really annoying
What do I do about my investigative notes? I have a method that I use. I record the date at the top, the start and stop time of the call. I denote if the interview is over a platform like Zoom, otherwise, I might leave a spot blank if the
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