Pittsburgh Lawyer for Employees Facing Internal Investigations

Being asked to participate in a company investigation can raise personal questions that are different from the organization’s concerns. You may be a witness, an employee whose decisions are being reviewed, or an executive with access to relevant records. The invitation itself does not establish wrongdoing. Logue Law Group can discuss a Pittsburgh employee’s or executive’s situation and whether independent representation is appropriate.

Whom does the interviewing lawyer represent?

A lawyer conducting an investigation for a company generally represents the company, not every person interviewed. Before discussing substantive events, ask whom the lawyer represents and whether you are being offered personal representation. A conflict review and an actual engagement are different from a general assurance that the interview is confidential.

Company counsel may explain that the organization controls its attorney-client privilege and can decide to disclose information. That explanation is often called an Upjohn warning. Do not assume that your conversation with company counsel has the same protections as a confidential discussion with your own lawyer.

Preparing for an interview request

An independent lawyer can review the invitation, the allegations you understand, relevant documents, and possible criminal exposure. Whether counsel may attend an internal interview depends on the circumstances. A private employer interview is not automatically the same as police custodial questioning; do not assume that invoking a constitutional right resolves employment or contractual questions.

• Keep the original invitation, questions, policies, and response date.
• Identify any government contact, subpoena, or related proceeding.
• Prepare an accurate timeline for your own counsel.
• Discuss what records you may lawfully access or provide.

Do not guess, adopt another person’s account, or make a statement you know is false. If you do not remember a detail, explain that accurately. Avoid contacting other participants to coordinate answers. Advice about participating should account for the actual request, applicable duties, and consequences.

Preserve evidence without taking unauthorized records

Keep relevant materials that you already lawfully possess without altering or deleting them. Do not remove company files, access another person’s account, or copy restricted data simply to prepare for a consultation. Counsel can help address lawful preservation and access. Do not use a company system for confidential personal legal communications without considering its access and monitoring policies.

Personal interests can differ from the organization’s

A company may decide how to respond to an allegation, cooperate with investigators, or address personnel issues. Its preferred response may differ from an individual’s defense needs. Company payment of fees does not itself make company counsel your lawyer or eliminate potential conflicts. Ask counsel to explain the client relationship, confidentiality, and any proposed fee arrangement.

If criminal investigators become involved

Bring any subpoena, target letter, interview request, warrant paperwork, or charging document to counsel. An internal interview and a government demand are separate events with different requirements. Legal deadlines require prompt attention, and an interview request should be reviewed before you answer substantive questions.

See our Pittsburgh federal criminal defense overview for the federal process. For the organization’s side of a fact-finding review, see our Pittsburgh internal investigations page. These pages describe different clients and purposes.

Request a consultation about independent counsel

Call 412.387.6901 or request a consultation. Describe the interview request and any deadline without sending confidential company records through the public form. A consultation allows the firm to assess the matter and potential conflicts; it does not promise a particular outcome.

The Supreme Court’s Upjohn decision addresses privilege in company legal communications. Whether protection applies to a particular communication requires analysis of its purpose, circumstances, and applicable law.