--- title: Attorney-Client Privilege Protects Company Internal Investigations description: Should a company itself investigate or engage an outside investigator? Attorney-client privilege protects company internal investigations. --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - [Estate Planning](https://trustlawcounsel.com) - [Gestational Surrogacy & Adoption](https://goosmannlaw.com/gestational-surrogacy-adoption/) - [International Law](http://goosmannlaw.com/international-law/) - [Litigation / Trial Law](https://goosmannlaw.com/litigation-trial-law/) - [Local Counsel](https://http://goosmannlaw.com/local-counsel/) - [Mergers & Acquisitions](https://goosmannlaw.com/mergers-acquisitions/) - [Rapid Response](https://goosmannlaw.com/rapid-response/) - [Industries](https://goosmannlaw.com/industries/) - [Agribusiness & Cooperatives](https://goosmannlaw.com/agribusiness-cooperatives/) - [Construction](https://goosmannlaw.com/construction/) - [Cyber Law and Telecommunications](https://goosmannlaw.com/cyber-law/) - [Education](https://goosmannlaw.com/education/) - [Health Care](https://goosmannlaw.com/health-care/) - [Manufacturing](https://goosmannlaw.com/manufacturing-law/) - [Multifamily Housing](https://goosmannlaw.com/multifamily-housing-law/) - [Non-Profit & Tax Exempt Organizations](https://goosmannlaw.com/non-profit-law/) - [Real Estate](https://goosmannlaw.com/real-estate/) - [Transportation](https://goosmannlaw.com/transportation/) - [Tribal](https://goosmannlaw.com/tribal/) - Our Firm - [Firm News](https://blog.goosmannlaw.com/firm-news) - Careers - [Attorneys](https://goosmannlaw.com/careers/attorneys/) - [Administration](https://goosmannlaw.com/careers/administration/) - [Internships](https://goosmannlaw.com/careers/internships/) - [Client Testimonials and Results](https://goosmannlaw.com/our-firm/client-testimonials-and-results/) - [Culture, Diversity, and Community](https://http://goosmannlaw.com/our-firm/culture-diversity-and-community/) - [Women-Owned Business](https://goosmannlaw.com/our-firm/women-owned-business/) - [Associations & Memberships](https://goosmannlaw.com/associations-memberships/) - [Firm History](https://goosmannlaw.com/firm-history/) - Blogs - [CEO Law Review](https://blog.goosmannlaw.com/ceo-on-your-side) - [Construction Lawyer](https://blog.goosmannlaw.com/construction-lawyer-on-your-side) - [Cyber Lawyer](https://blog.goosmannlaw.com/cyber-lawyer-on-your-side) - [Deal Maker](https://blog.goosmannlaw.com/deal-maker-on-your-side) - [Divorce Docket](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side) - [Food for Thought](https://blog.goosmannlaw.com/agricultural-lawyer-on-your-side) - [HR Legal Insider](https://blog.goosmannlaw.com/human-resources-on-your-side) - [Law Doc](https://blog.goosmannlaw.com/health-lawyer-on-your-side) - [Paralegal Review](https://blog.goosmannlaw.com/paralegal-review/) - [Real Estate Lawyer](https://blog.goosmannlaw.com/real-estate-lawyer-on-your-side) - [Risky Business](https://blog.goosmannlaw.com/risk-manager-on-your-side) - [The Banker’s Suit](https://blog.goosmannlaw.com/banking-lawyer-on-you-side) - [Trial Law Review](https://blog.goosmannlaw.com/trial-lawyer-on-you-side) - [Trust Law Counsel](https://blog.goosmannlaw.com/estate-planning-laywer-on-your-side) - Resources - [COVID-19 Resource Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - [Podcast](http://podcast.goosmannlaw.com/) - [Videos](https://goosmannlaw.com/videos/) - [FREE eBooks & Tools](https://goosmannlaw.com/free-ebooks-tools/) - Contact Us - [Office Locations](https://goosmannlaw.com/locations/) - [Sioux City Law Firm](https://goosmannlaw.com/locations/sioux-city-law-firm/) - [Sioux Falls Law Firm](https://goosmannlaw.com/locations/sioux-falls-law-firm/) - [Omaha Law Firm](https://goosmannlaw.com/locations/omaha-law-firm/) - [Spirit Lake & Spencer Law Firms](https://goosmannlaw.com/locations/spirit-lake-and-spencer-law-firm/) - [Real Estate Closings Office](https://goosmannlaw.com/locations/real-estate-closing-office/) - [Submit a Testimonial](https://goosmannlaw.com/submit-a-testimonial/) - [Sign Up for Our Newsletter](https://goosmannlaw.com/sign-up-for-our-newsletter/) - [Pay Online](https://goosmannlaw.com/pay-online-3/) - [  (855) 843-4531](tel:855-843-4531) ![](https://blog.goosmannlaw.com/hubfs/Blog_Images/Lockbox%20Lawyer/close-button.png) [tel:855-THE-GLF1](tel:855-THE-GLF1) [Human Resources](https://blog.goosmannlaw.com/blog/topic/human-resources) [Employment News and Insights](https://blog.goosmannlaw.com/blog/topic/employment-news-and-insights) # [Attorney-Client Privilege Protects Company Internal Investigations](https://blog.goosmannlaw.com/blog/hr-attorney-client-privilege-protects-hr-company-internal-investigations) By [Goosmann Law Team](https://blog.goosmannlaw.com/blog/author/goosmann-law-team)   |  2, January 2015 [READ NOW](https://blog.goosmannlaw.com/blog/hr-attorney-client-privilege-protects-hr-company-internal-investigations) [Read Post](https://blog.goosmannlaw.com/blog/hr-attorney-client-privilege-protects-hr-company-internal-investigations#article) [![](https://blog.goosmannlaw.com/hs-fs/hubfs/Logos/Logo1.jpg?width=60&name=Logo1.jpg)](https://blog.goosmannlaw.com/blog/author/goosmann-law-team) [Goosmann Law Team](https://blog.goosmannlaw.com/blog/author/goosmann-law-team)  Tags: [Human Resources](https://blog.goosmannlaw.com/blog/topic/human-resources) [Employment News and Insights](https://blog.goosmannlaw.com/blog/topic/employment-news-and-insights) ## Should a company itself investigate or engage an outside investigator? Attorney-client privilege protects company internal investigations. Each company should have a robust anti-discrimination, anti-harassment policy in its handbook. The policy is insufficient unless it outlines a method for employees to report discrimination and harassment that violates the company policy. But employers are often stumped with how to handle the situation when an employee does blow the whistle and make such an allegation. Should the company itself investigate or engage an outside investigator? Many companies engage their attorney to conduct these internal investigations. The attorney will often take the following investigative actions: - Interview the complainant, witnesses, supervisors, and managers - Review company records, including employee files and performance reviews, and - Evaluate employee write-ups The attorney is seeking to discover whether discrimination or harassment occurred, as well as whether there has been any retaliation against the complainant. But what are the advantages to using an attorney through this process? - An attorney providing legal analysis provides attorney-client privilege - The attorney acts as a neutral third party who is not part of the culture of the employees Recently, the first advantage, the attorney-client privilege, has come under fire. In *In re [Kellogg Brown & Root, Inc](http://www.cadc.uscourts.gov/internet/opinions.nsf/701A3512988256CD85257D04004F78AA/$file/14-5055-1499662.pdf).*, No. 14-5055 (D.C. Cir. 2014) the D.C. Circuit Court of Appeals held that the attorney-client privilege protected documents created during an attorney compliance investigation after an employee became a qui tam relator (a whistleblower in a federal case). The D.C. Circuit Court of Appeals’ decision preserves the incentive for companies to support vigorous compliance programs. In addition, it persuades companies to engage attorneys to conduct in-depth examinations without worry that the results of the investigation will land a company already in hot water in a boiling pot. This allows companies to find out exactly what has been going on so that they may take immediate and corrective action. For more information about [employment law](http://goosmannlaw.com/practice-areas/employment-lawyers/), and how attorney-client privilege protects company internal investigations, contact the Goosmann Law Firm at [info@goosmannlaw.com](mailto:info@goosmannlaw.com) or call 712-226-4000. ### Select Different CTA for each Post from Blog Editor [![New Call-to-action](https://no-cache.hubspot.com/cta/default/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422) ### Subscribe Our Blog Thanks for submission!! - Recent - Popular ### Posts by Topic - [Firm News (212)](https://blog.goosmannlaw.com/blog/topic/firm-news) - [Business News and Insights (135)](https://blog.goosmannlaw.com/blog/topic/business-news-and-insights) - [CEO (93)](https://blog.goosmannlaw.com/blog/topic/ceo) - [Employment News and Insights (85)](https://blog.goosmannlaw.com/blog/topic/employment-news-and-insights) - [Trust Law Counsel (85)](https://blog.goosmannlaw.com/blog/topic/trust-law-counsel) - [Agricultural News and Insights (71)](https://blog.goosmannlaw.com/blog/topic/agricultural-news-and-insights) - [Human Resources (65)](https://blog.goosmannlaw.com/blog/topic/human-resources) - [Agriculture (62)](https://blog.goosmannlaw.com/blog/topic/agriculture) - [Family Law News and Insights (59)](https://blog.goosmannlaw.com/blog/topic/family-law-news-and-insights) - [Litigation & Trial (56)](https://blog.goosmannlaw.com/blog/topic/litigation-trial) - [Divorce & Family Law (53)](https://blog.goosmannlaw.com/blog/topic/divorce-family-law) - [Risk Management (49)](https://blog.goosmannlaw.com/blog/topic/risk-management) - [Litigation News and Insights (42)](https://blog.goosmannlaw.com/blog/topic/litigation-news-and-insights) - [Construction News and Insights (40)](https://blog.goosmannlaw.com/blog/topic/construction-news-and-insights) - [Real Estate News and Insights (31)](https://blog.goosmannlaw.com/blog/topic/real-estate-news-and-insights) - [South Dakota (14)](https://blog.goosmannlaw.com/blog/topic/south-dakota) - [Cyber Law (9)](https://blog.goosmannlaw.com/blog/topic/cyber-law) - [Media Law and Technology & Science (5)](https://blog.goosmannlaw.com/blog/topic/media-law-and-technology-science) - [Communications Law (3)](https://blog.goosmannlaw.com/blog/topic/communications-law) - [LLC Program (1)](https://blog.goosmannlaw.com/blog/topic/llc-program) - [Sioux Falls Attorney (1)](https://blog.goosmannlaw.com/blog/topic/sioux-falls-attorney) DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. #### Let Us Know What You Thought about this Post. Put your Comment Below. [Previous Post](https://blog.goosmannlaw.com/blog/prepare-company-unexpected-osha-visit) ##### [Prepare Your Company for an Unexpected OSHA Visit](https://blog.goosmannlaw.com/blog/prepare-company-unexpected-osha-visit) [Next Post](https://blog.goosmannlaw.com/blog/cyber-is-your-company-protected-against-an-insider-cyber-attack) ##### [Is Your Company Protected Against an Insider Cyber-Attack?](https://blog.goosmannlaw.com/blog/cyber-is-your-company-protected-against-an-insider-cyber-attack) ### Contact Info **Sioux City Location** P. 712-226-4000 F. (712) 224-4517 **Sioux Falls Location** P. (605) 371-2000 F. (605) 275-2039 **Omaha Location** P. (402) 280-7648 F. (402) 505-3967 --- [Disclaimer](http://goosmannlaw.com/list-all-blogs/disclaimer/) | [Privacy Policy](http://goosmannlaw.com/privacy-policy/) ### Locations **Sioux City Location** 410 5th Street Sioux City, IA 51101 **Sioux Falls Location** 5010 S. Minnesota Avenue, Suite 100 Sioux Falls, SD 57108 **Omaha Location** Advent Building 17838 Burke Street, Suite 250 Omaha, NE 68118 ![Goosmann](https://blog.goosmannlaw.com/hs-fs/hubfs/Blog_Images/Lockbox%20Lawyer/goosmann-white.png?width=250&name=goosmann-white.png "Goosmann") Goosmann Law Firm is a FULL SERVICE LAW FIRM with locations in Sioux City, Iowa, Sioux Falls, South Dakota, and Omaha, Nebraska. Goosmann Law attorneys are licensed to practice in Iowa, Nebraska, South Dakota, and North Dakota. Their attorney team's practices and industries include but are not limited to Agribusiness and Cooperatives, Banking and Finance, Bankruptcy, Restructuring and Workouts, Business, Construction, Cyber Law and Telecommunications, Divorce and Family Law, Education, Employment, Environmental Health and Safety, Gestational Surrogacy and Adoption, Health Care, Litigation and Trial Law, Manufacturing, Mergers and Acquisitions, Municipal, Nonprofit and Tax Exempt Organizations, Real Estate, and Transportation, Tribal, Wills, Trusts, Estate Planning, and Probate Law. Goosmann © Copyright 2017