Lawyer Monthly Magazine - July 2019 Edition

JUN 2019 39 My Legal Life www. lawyer-monthly .com The next steps involve the collection of evidence through document review and interviews. The approach to interviews is critical. In conducting those interviews, we have the simultaneous and competing challenge of making witnesses comfortable enough that they might share potentially damaging information … while at the same time making it clear that we are not their lawyers. This sounds intense and challenging! Any tips for success if someone decides to become a White Collar Lawyer? The challenge of obtaining information while keeping witnesses at arm’s length is best met with courtesy and sensitivity, so I always recommend to our young lawyers that they work on developing these skills. Sometimes it also takes a couple of meetings to establish the relationship with a witness who is necessary to obtain critical information. This requires patience and understanding. So the earlier you can develop those skills if you want to be a White Collar Lawyer, the better your legal practice will be. Just one more question … How do investigations regarding governmental organisations differ from the investigations you conduct for private companies? The primary difference is how the information may be used. With investigations that involve government organizations, the ability to maintain control over the number of people who have knowledge of potentially damaging information is far more limited. Depending on the type of governmental organization, and the nature of the problem being investigated, it may be necessary to make findings public (when similar circumstances involving a private company may be able to be kept from public view). LM to those in the rank and file, some of whom may end up becoming key sources in the investigation. At this point, people are concerned about the future of the company, their personal reputations and career aspirations, and more immediately, their jobs. And before I begin any investigation, I have to take that all into account. Once that’s done, the process usually begins with a series of meetings with leadership and key managers, during which the attorney conducting the investigation must: (1) listen and collect as much information as possible, and (2) reassure people and advise them regarding the process and the potential consequences. It must be established that the attorney conducting the investigation is not the personal attorney to any of the officials, managers or employees they may come in contact with during the investigation. Rather, the duty is to the company or the company’s board of directors. From the get-go, the attorney must also establish whether or not the results of the investigation will be published generally, disclosed to the government in certain circumstances, or remain privileged in some fashion, either as the product of the company’s attorney or under the privilege regarding attorney client communication. The best lawyers also know there must be an agreement from the outset as to whether there will be a written report of the investigation. In some situations, certain executives or employees are already represented by counsel or may need personal counsel. This must be determined as soon as possible before interviews begin and documents are reviewed. Therealsohas tobeanagreement from the beginning regarding the parameters of the investigation and an understanding of the potential benefits and the potential adverse consequences. ABOUT JIM KRAUS CONTACT JAMES W. KRAUS is a Partner at Pietragallo Gordon Alfano Bosick & Raspanti, LLP. His practice encompasses both criminal and civil litigation, as well as representation of clients in response to government investigations. He has conducted numerous in- ternal investigations for private companies, governmental or- ganizations and publicly traded companies. Prior to his career with Pietragallo, Mr. Kraus served as a JAG criminal prosecutor with the U.S. Army’s 4th Infantry Division. He later served as en- vironmental litigation counsel for the Department of the Army in Washington, DC. Mr. Kraus has extensive trial experience in a broad range of legal disciplines, including White Collar Crime, Financial Services Liti- gation, and Healthcare. He’s been named a Pennsylvania Super Lawyer in the area of Criminal Defense since 2012. James W. Kraus, Partner Phone: (412) 263-4370 | Fax: (412) 263-4221 E-mail: JWK@Pietragallo.com | www.pietragallo.com