Need for Independent Counsel

Independent Investigation Attorneys

An independent investigation brings a fresh look, a new perspective to a difficult problem. Independence also brings credibility to the results of an investigation. The investigation lawyers at Gallion & Spielvogel LLP offer independence and experience.

When the Stakes are High … Gallion & Spielvogel LLP

When serious problems arise within your company or when it appears that a scandal or crisis of some serious nature is about to envelop your company, distract management from the day-to-day operations of the business and attract the attention of shareholders, the media or government regulators, a thorough investigation by truly independent attorneys is the best way to bring a new perspective to a very difficult situation. Truly independent lawyers with no prior relationship to the company or its management and employees can act swiftly and discreetly to pinpoint the exact source and scope of the problem without running the risk that preexisting relationships or preconceived notions will cloud the attorneys’ judgment or impede the immediacy of the very delicate task at hand. Moreover, conclusions and recommendations that result from an unimpeachably independent investigation will be more credible and more insulated from attack by shareholders and regulators. The unassailable integrity of such an investigation and the true independence of the investigating attorneys will also greatly enhance the company’s position in any sensitive negotiations that may arise with regulators or prosecutors.

Otherwise complex issues of attorney-client privilege also can be greatly simplified when new attorneys with no prior relationship to the company are placed in charge of the investigation. And when truly independent outside lawyers have structured the scope of the investigation and determined the procedures to be followed, only the company’s best interests and the most effective ways to protect the company in a time of crisis will be of paramount importance. A fresh legal perspective in many ways is the company’s most effective line of defense.

Increasingly, the overall integrity of an internal corporate investigation will be measured by the “interrelatedness test,” which looks to the existence and extent of prior relationships between the company and the investigating attorneys. This trend undoubtedly will lead to substantially heightened scrutiny of inquiries performed by regular outside counsel and will leave the conclusions of such investigations increasingly open to attack.

The very thorny issues that often arise when negotiating on behalf of the company with governmental representatives can be best handled by attorneys with no prior relationships with individuals within the company.

Located in New York City, we are available for internal corporate investigations throughout the United States. Gallion & Spielvogel LLP is part of an extensive national network of law firms focused exclusively on the legal needs of businesses.