What do I do if I am an attorney investigator during a workplace investigation?
Oct. 25, 2022
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 let the person you are talking to know and understand that you don't represent them. You are not their attorney. And as an independent, third-party investigator, you can tell them, "I also don't represent the client, your employer." Conversely, if you're in-house counsel, you work for and represent your employer, just not the employee you're speaking to so the disclaimer should be modified.