Key Considerations For In-House Counsel

The first decisions in an investigation are usually made before anyone knows what happened. In-house counsel makes most of them.

Scope, supervision, information flow, privilege, and external support. These calls get made early, often under pressure, and they shape the credibility of everything that follows.

Part 2 of our Investigations series sets out the questions we work through with in-house counsel: whether to investigate at all, who should supervise, how to protect privilege across jurisdictions, when external support improves the outcome, and what record the organization will rely on if proceedings follow.

The answers are rarely straightforward. Asking the questions early is what makes them defensible.