Corporate Compliance

Determine whether to use in-house or outside counsel

Healthcare Auditing Weekly, January 27, 2004

After you decide that an internal investigation is appropriate, some feel you must pick an in-house or outside counsel to conduct that investigation.

But the best approach is to use both, letting the outside counsel control the investigation. This strategy enables the organization to take advantage of in-house counsel's greater familiarity with the workings of the company and outside counsel's experience with the criminal law process.

Most often, however, it is still in your best interest to use outside counsel in situations when the allegations of wrongdoing involve suspected misconduct by employees. Here are some reasons for using outside counsel:

  • If you need to complete an investigation within a limited time frame or to a depth that is beyond the resources of in-house counsel

  • If you want to avoid actual or potential conflicts of interest or other personal inhibitions that in-house counsel might experience

  • If you want someone with greater experience in criminal defense work and previously established rapport with the prosecutors, which outside attorneys often have

  • If you want the greater appearance of independence and objectivity

    For more information on how to conduct an internal investigation, order the book "See for Yourself: A Guide to Conducting Internal Investigations and Audits." This book will show you how to conduct your own internal investigations and audits from start to finish. It offers practical advice and real-life examples on how to plan and staff an internal investigation or audit, and provides detailed information on the legal issues involved, such as attorney/client privilege, obstruction of justice, and legal obligation to disclose results. Click here to order.

      • Strategies for Health Care Compliance

    • Strategies for Health Care Compliance

      News and real-life examples to increase the effectiveness of your compliance program. Strategies for Health Care Compliance...

    • Compliance Monitor

      This HTML e-mail newsletter delivers news on Medicare and Medicaid fraud and abuse, as well as recent documents and targets...

    • Medicare Weekly Update

      Each issue of Medicare Weekly Update includes the latest CMS proposed and final rules, CMS manual revisions, and...

    • Medicare Update for Physician Services

      Medicare Update for Physician Services is a free, monthly e-zine that delivers news and information to help physician...

    Most Popular

    Related Articles