About the event

Bookings are now closed

This seminar is also being delivered as a webinar.

This session presented by leading Commercial Law practitioners will discuss everything you need to know about the practice and ethics of conducting interviews in an internal investigation and preparing a witness to be interviewed in a government investigation or inquiry.

The session will involve a panel discussion followed by two mock interviews. Topics to be covered will include:

Internal Investigations

• Managing the practicalities of interviews, including communicating in advance with the interviewees, maintaining confidentiality and protecting the integrity of investigations.
• Maintaining privilege and the risk of third parties obtaining the interview notes.
• Considerations when giving a caution if an employee may incriminate themselves.
• Managing requests for independent representation in an internal investigation and interviewees “lawyering up”.
• Managing employment rights of interviewees.
• Style of examination and using documents in interviews.
• Dealing with uncooperative interviewees.

Government Investigations and Inquiries (e.g. ASIC, ACCC, AFP, CCC)

• Managing interviews in a compelled environment.
• Managing requests for interview in a non-compelled environment.
• When is separate representation needed and managing the potential conflict between a corporate client and its employees.
• Legal professional privilege and its protection/waiver/abrogation.
• Privilege against self-incrimination and its protection/waiver/abrogation.
• Preparing witnesses – style and subject matter.
• When to intervene in questioning and the lawyer’s role in the interview.