This again depends on the nature and scope of the allegation and wrongdoing.  Depending on the investigation, it will be important to determine whether the investigation should be conducted by outside counsel, in-house counsel, a company’s HR department or compliance officer.  Depending on the allegations, auditors, accountants, and/or forensic consultants may be necessary to assist in the investigation.  It is recommended that attorneys be responsible for the investigation as the attorney client privilege or attorney work product privilege can be asserted.  Hiring outside counsel may provide a greater level of security and protection, as well as the availability to provide a complete and unbiased opinion.

Attorney review may also aid in deciding if additional/individual counsel may be necessary for one or more individuals. Even in those cases, there is a potential for joint-defense agreements that may be in the best interests of everyone involved as well as the company.