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In-house lawyers often interview or direct others to interview witnesses to an event that may result in litigation involving their company. The interviewees may include company employees, persons, such as consultants, with a contractual relationship with the company, or completely independent witnesses. Counsel inevitably will face the decision whether to memorialize the interview and, if so, whether to do so by having the witness sign a statement, video- or audio-recording the statement, or summarizing the witness’s comments in a memorandum.

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