Situations can arise for all companies and authorities that cannot be resolved immediately. This may be in relation to complicated facts related to a longer course of action, or in relation to a specific incident that the parties involved have a divergent view of. As lawyers, we are specially trained to identify the facts and assess the legal consequences. Often, a competent decision-making process will require an evidentiary and legal assessment of the course of events. In such cases, the legal investigation is justified.
A legal investigation is an effective method of collecting and systematizing data and information, determining a course of events and making a legal assessment. Regardless of whether or not the conclusions of the legal investigation should be made public, the legal investigation is an effective management tool in the subsequent decision-making process. Launching an impartial legal investigation ensures that the lawyer has no conflicting interests in conducting the investigation. This is a crucial prerequisite for the investigation to form a factual basis for a subsequent competent decision-making process. In addition, the lawyer's independent role is often a prerequisite for the people involved to trust that they can express themselves about specific matters in confidence.
When selecting the right attorney to conduct the legal investigation, it is extremely important that the attorney has the necessary experience and expertise in the relevant field, but it is equally important that the attorney has in-depth experience with data protection and the ethical rules and process requirements that apply when conducting legal investigations. At the same time, it is crucial that the lawyer possesses human qualities that enable the lawyer to create trust and confidence in the meeting with those involved, as this is a prerequisite for effective information gathering through interviews and conversations.
CLEMENS' experience with legal investigations
CLEMENS has extensive experience in organizing and conducting legal investigations, including independent legal investigations. We ensure an efficient process with a thorough organization and implementation of the investigation and ongoing reporting. In addition, we ensure a high level of objectivity in our work with both the collection of data and material as well as in the processing and assessment thereof. It is important to us that in our work we take a high degree of human consideration for the people involved in the legal investigation. When organizing a legal investigation , we always emphasize validity in ensuring the available data basis, reliability in the collected data to ensure a uniform and consistent collection, especially with respect for the variation a human data basis necessarily entails if the data collection is based on interviews, confidentiality in the handling of documents and information and in the framework around interviews to create a safe environment for honest and reliable information and neutrality in relation to the theme of the legal investigation. Our intuitive digital platforms support secure, efficient and confidential handling of data and reports.
Our advice
Our advice in connection with legal investigations includes, among other things:
- Advice on the processes involved in a legal investigation
- Organizing the framework and scope of the legal investigation
- Preparation of terms of reference
- Create and manage external reporting channels
- Document and data collection
- Organizing and conducting interviews
- Legal assessments of data basis
- Report preparation and follow-up advice
Latest cases
Among other things, we have assisted:
- A large Danish international company in conducting a comprehensive legal investigation regarding allegations of a very challenging work environment and a manager's systematic disregard for safety considerations and conditions for flex job employees
- A Danish company in conducting a legal investigation of sexual harassment claims