Lessons from the University of Michigan- Why Organizations Retain Outside Counsel for Internal Investigations

Short summary

Using the University of Michigan's controversies as a case study, this article explains why organizations retain outside counsel for internal investigations and what legal protections result. It covers attorney-client privilege, the work-product doctrine, and practical considerations for preserving confidentiality. The piece is aimed at attorneys, executives, and board members facing misconduct allegations involving senior leadership or significant legal risk.

• •Outside counsel engagement provides legal advice protections that internal HR or compliance reviews may not
• •Attorney-client privilege requires confidential communication for legal advice purposes, not just copying a lawyer
• •Work-product doctrine protects materials prepared in anticipation of litigation but is not absolute

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