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About the Book
This guidebook covers the practical issues of attorney-client privilege in internal investigations. Any attorney who conducts an interview in an internal investigation faces a unique set of challenges, not least of which is the tension between representation of the corporate client and fair treatment of the corporate constituent. This book addresses some of the more complex questions associated with the attorney-client privilege:
What best practices should corporate counsel follow when interacting with corporate employees while conducting internal investigations on behalf of the corporate entity?
What advice or warnings -- commonly referred to as Upjohn warnings, or corporate Miranda warnings -- should corporate counsel provide to corporate officers, employees, shareholders, directors and trustees?
Furthermore, how should counsel give those warnings?
The book offers a Recommended Best Practices section that contains sample witness warnings; guidelines for corporate counsel who seeks to interview a constituent; supplemental oral warnings; and a list of topical issues and questions likely to arise in an internal investigation.