What to Look for When Hiring an Investigator
When searching for an investigator to resolve a factual issue, many immediately raise the issue of “independence.” An “independent investigation” is often cited as the gold standard for fact gathering. Rather than solely searching for a firm that represents itself as “independent,” organization leaders are wise to look for those that champion neutrality, integrity, experience and emotional intelligence.
The only way an investigation can be truly “independent” is if it is commissioned by a body with no stake in its outcome. Traditionally, workplaces seek to learn more facts about an incident by retaining a law firm. There are two models: one in which the law firm acts as the investigator, and one in which the law firm hires a second law or investigations firm to conduct the investigation. Some favor the second model because of the so-called “independence” of the second firm. However, the true “independence” of that firm is most often a misnomer as that firm is hired inside of the attorney-client privilege that cloaks the relationship between the law firm and the workplace. In other words, the investigator is working for the law firm.
That does not mean that the investigator is biased. Much is made of the “independence” of fact investigators because of a desire for an investigation that does not favor the workplace that hires it. Learning that the workplace has retained an investigator under the attorney-client privilege might initially evoke a knee-jerk reaction of lack of unfairness. But, it is important to look further.
When seeking to hire an investigator to gather more facts about an allegation of misconduct, organization leaders should evaluate four things:
Integrity
Neutrality
Experience
Emotional Intelligence
Integrity. The integrity of an investigator is critical to the true “independence” of the investigation. Regardless of a cloak of attorney-client privilege, successful investigators are those who will find facts without regard for bias or favor. They are those who are not afraid to take the facts as they find them, speak truth to those who retain them and inspire confidence in constituents observing the process.
Neutrality. An investigator must seek to resolve an issue of fact without bias. They should have implicit bias training, and experience weighing the evidence in complicated matters to come to a resolution.
Experience. Look for an investigator who has handled many types of cases and has been retained by both “sides” of an issue.
Emotional Intelligence. Competence in investigations does not end with the ability to find facts. Investigations are highly sensitive processes that involve difficult conversations and human emotion, and the investigative process can be as important as the investigative findings — both to the parties involved and to the broader community. Hiring an investigator who understands how to talk to people and skillfully evaluate interpersonal dynamics is in an organization’s interest.
— By Alcalaw
Alcalaw has available to its clients the ability to support both models of trauma-informed investigative practice.
Clients can hire us through Alcalaw LLP, if they wish to receive legal advice, along with neutral fact-finding.
Clients already working with law firms and seeking solely neutral fact-finding (without legal advice), can hire us through our private investigations firm Alcalinx LLC.
