Gathering facts through an investigation is often a prerequisite to providing effective legal advice. Effectively serving clients requires that college and university counsel think through key practical and ethical issues at the outset of an investigation, as the matter unfolds, and as the facts become more complex and evolve into a high-stakes investigation. These tough decision points are informed by not only the facts presented, but also the rules of professional conduct and lessons learned from case law. These ethical issues are fraught with serious consequences for both the client and the lawyer. Finding the way forward is never as easy as researching and applying the relevant ethical rules. Rather, several avenues are usually available to address the ethical quandaries, each replete with its own benefits and drawbacks. It is therefore imperative that college and university lawyers be able to identify potential ethical issues as they arise and determine the best response in the context of the investigation at hand.
Join us for this 2-hour webinar where presenters will explore various scenarios highlighting the ethical implications of legal and practical issues arising in high-stakes investigations including:
- Providing advice at various points of an investigation that results in litigation
- Clarifying who is the client when working with senior leaders, Board members, and high-profile faculty who may be parties to an investigation, particularly for lawyers serving dual roles
- Maintaining the attorney-client privilege, including when the attorney is the investigator
- Determining whether to keep an investigation in-house or retain outside counsel, and the attorney’s role in managing and interacting with outside counsel
- Methods of gracefully and ethically exiting representative matters
This webinar will be of interest to lawyers employed by college and universities within the Office of General Counsel and in various roles throughout the institution, outside counsel, and senior institutional leaders.