There are serious disadvantages to using a lawyer as an investigator. It provides the employee the right to have their own counsel during the investigation which will hinder your fact-finding process. The expense is generally much greater, often six figures. Most significantly, lawyers are trained in cross-examination, rather than in neutral investigation. If you are going to use a lawyer, use a retired judge with experience in fact-finding and the inherent respect of all stakeholders.
The only time I would consider an external investigator is if the complaint is against someone in the C-suite, such that the dependence of an internal employee is compromised. 2. The investigator should conduct the investigation within the context of existing policies and any existing harassment or grievance procedures.
6. It is necessary that everyone interviewed be informed that they must keep the fact and content of their interview confidential, and informed as well that it is cause for discipline, potentially for discharge, if disclosed. Gossip will kill the effectiveness of an investigation. It also renders the accused’s position untenable.