I have been hired by a corporation to investigate misconduct within the corporation and its employees. Over the next couple of days, I will be meeting with a number of employees of the corporation. Under Upjohn, I advised the employees I do not represent them and there is no attorney-client relationship with me. I told them I will share the information with the corporate officers. Do I have any obligation to tell the employees that they could get in trouble depending on what they tell me? Further, do I have an obligation to tell them to get an attorney?
A lawyer investigating misconduct within a corporation, particularly misconduct that has criminal consequences, has to be very, very careful. Employees of a corporation will often think a lawyer represents them, or what they say is within some sort of privilege and cannot be used against them.
